- Government
Gazette
14922
-
- No.
1162.
-
7
July
1993
-
- STATE
PRESIDENT'S
OFFICE
- It
is hereby
notified that
the
State
President has
assented
of the
following Act
which
is hereby
published for
general
information:
-
- No.
90 of
1993:
Magistrates
Act,
1993.
GENERAL
EXPLANATORY
NOTE:
-
Words
in bold
type
indicate omissions
from
existing
enactments.
Words in
italics
indicate
insertions
in existing
enactments.
-
- ACT
-
- To
provide for
the establishment,
constitution,
objects
and
functions
of a
Magistrates
Commission;
to further
regulate
the
appointment
and remuneration
of, and
vacation office
by,
magistrates;
to provide
that
certain
conditions
of service
of
magistrates
and other
judicial
officers
-
may
be determined
by regulation;
and
to provide
for matters
in connection
therewith.
-
- (Afrikaans
text
signed by
the State
President.)
(Assented
to 23
June
1993.)
-
BE
IT ENACTED
by the
State President
and the
Parliament
of the
Republic of
South
Africa, as
follows:-
-
- Definitions
-
- 1.
In this
Act, unless
the
context
otherwise
indicates-
-
- (i)
"chairman"
means
the
chairman
of the
Commission
appointed
in terms
of section
3(1)(a)(i); (x)
-
- (ii)
"Commission"
means
the
Magistrates
Commission
established
by
section
2;
(iii)
-
- (iii)
"committee"
means
a committee
established
by the
Commission
under section
6;
(ii)
- (iv)
"lower
court" means
a court
established
under
section
2 of
the
Magistrates'
Courts Act;
(iv)
-
- (v)
"magistrate"
means
a judicial
officer appointed
under
section 9 of
the
Magistrates'
Courts Act
read with
section
10 of
this
Act, excluding
any person
occupying
that office
in an
acting or
temporary
capacity and
any
assistant
magistrate;
-
(v)
-
- (vi)
"Magistrates' Courts
Act" means
the
Magistrates'
Courts
-
Act,
1944 (Act
No. 32
of 1944);
(xi)
-
- (vii)
"Minister"
means
the
Minister of
Justice;
(vi)
-
- (viii)
"salary"
means
basic
salary,
including an
annual
service
bonus, legal
allowance, home
owner's
allowance
(if any)
and motor
car financing
benefit
(if
any);
(vii)
-
- (ix)
"salary
scale"
means
a minimum
and
maximum
salary
limit
attached
to a
specific
level
of work;
(viii)
-
- (x)
"scale",
in
relation
to salary,
includes
a salary
at a
fixed
amount;
(ix)
-
- (xi)
"this
Act" includes
the regulations
under
section
16.
(i) Establishment
of Magistrates
Commission
2.
There is
hereby established
a commission,
to be
known
as the -
Magistrates
Commission,
with
the
powers
and
duties conferred
on or
assigned
to it
by or
under
this Act
or any
other law.
-
- Constitution
of Commission
and period
of office
of
members
-
- 3.
(1) (a)
The members
of the
Commission
to be
appointed
by the
State
-
President
shall
consist of-
-
- (i)
a judge
of the
Supreme
Court
of South
Africa,
as chairman,
designated
by the
Chief
Justice;
-
- (ii)
an officer
of the
Department
of Justice
designated
by the
-
Minister;
-
- (iii)
two
regional court
presidents
designated
by the
regional court
presidents
of the
respective
regional
divisions
established
under
section
2 of
the Magistrates'
Courts Act;
-
- (iv)
two
magistrates
with the
rank
of chief
magistrate
-
- designated
by the
respective
magistrates
with
that
rank;
(v)
the Chief
Director:
Justice College;
-
(vi)
one
magistrate
designated
by the
Magistrates'
Association
of South
Africa;
-
- (vii)
one
advocate
and one
attorney
designated
by the
General
Council of
the
Bar of
South
Africa and
the Association
of Law
Societies
of the
Republic
of South
Africa, respectively;
and
-
- (viii)
one
legal
academic
designated
by the
Society
of
University
-
Teachers
of Law.
-
- (b)
The chairman
shall
designate
one of
the
persons
referred
to in
paragraph (a)(iii)
to (v),
inclusive,
as vice-chairman
of the
Commission,
-
and
when
the chairman
is not
available, the
vice-chairman
shall perform
the
-
functions
assigned
to the
chairman
by or
under this
Act.
-
- (2)
A member
of the
Commission
shall be
appointed
for a
period not
exceeding
five years,
and
any such
appointment
may
be withdrawn
by the
State
President
at any
time after
consultation
with the
Commission
if in
-
his
opinion
there
are sound
reasons for
doing so.
-
- (3)
Any
person
whose period
of office
as a
member
of the
Commission
has expired,
may
be reappointed.
-
- (4)
A vacancy
in the
Commission
shall
not affect
the validity
of the
proceedings
or decisions
of the
Commission.
-
- Objects
of Commission
-
- 4.
The objects
of the
Commission
shall be-
-
- (a)
to ensure
that
the
appointment,
promotion,
transfer
or discharge
of, or
disciplinary
steps against,
judicial
officers in
the lower
courts take
place
without
favour
or prejudice,
and that
the applicable
laws
and
administrative
directions
in connection
with such
action
are applied
uniformly
and correctly;
-
- (b)
to ensure
that
no influencing
or
victimization
of judicial
officers in
the
lower courts
takes
place;
-
- (c)
to endeavour
to promote
the
continuous
training
of judicial
-
officers
in the
respective
lower courts
and to
make
recommendations
in regard
thereto to
the Minister;
-
- (d)
to compile
a code
of conduct
for judicial
officers
in the
lower
-
- courts;
-
- (e)
to advise
the Minister
and to
make
recommendations
to him
regarding
the administrative
matters
applicable
to magistrates,
including
proposals
regarding
legislation
purporting to
regulate
the
-
conditions
of service
and relevant
matters
regarding
magistrates,
-
separately;
-
- (f)
to carry
out investigations
and make
recommendations
to the
-
Minister
regarding
the matters
mentioned
in
section
13(3)(a);
-
- (g)
to
advise
the Minister
or to
make
recommendations
to him
regarding
the requirements
for appointment
and the
appointment
of judicial
officers
in the
respective
lower courts;
and
-
(h)
to advise
the Minister
or to make
recommendations
to him
or to report
to the
Minister
for the
information
of Parliament
regarding
any matter
which,
in the
opinion
of the
Commission,
is of interest
for- -
- (i)
the independence
of the
dispensing
of justice;
and
-
- (ii)
the
efficiency
of the
administration
of justice,
in the
lower
courts.
-
- Meetings
of Commission
-
- 5.
(1)
Meetings of
the
Commission
shall
be held
at the
times
and places
determined-
-
- (a)
by the
chairman
or,
if he
is not
available,
by the
vice-chairman
of the
Commission;
or
-
- (b)
if both
the chairman
and the
vice-chairman
of the
Commission
are not
available,
by the
majority
of the
members
of the
Commission.
-
- (2)
The majority
of the
members
of the
Commission
shall
constitute
a quorum
for
a meeting
of the
Commission.
-
- (3)
If both
the
chairman
and the
vice-chairman
of the
Commission
are absent
from
a meeting
of the
Commission,
the
members
present
shall
elect
one of
their
number
to
preside
at that
meeting.
-
- (4)
The person
presiding
at a
meeting
of the
Commission
may
regulate
the proceedings
and
procedure
thereat,
including
the quorum
for a
decision
of the
Commission,
and shall
cause
minutes
to be
kept
of the
proceedings.
-
- (5)
The proceedings
of the
Commission
shall
take
place
in camera
unless
-
- the
person
presiding at
a meeting
directs
otherwise.
Committees
of Commission
-
6.
(1) The
Commission
may
establish
one
or more
committees
consisting
-
of
one or
more
members
of the
Commission
designated
by the
Commission
and one
or more
other persons,
if any,
whom
the
Commission
may
appoint for
that purpose
and for
the period
determined
by it.
-
- (2)
The Commission
may
extend
the period
of an
appointment
made
by it
under subsection
(1) or
withdraw such
appointment
during
the
period
referred to
in that
subsection.
-
- (3)
The Commission
shall
designate
a chairman
for every
committee
and, if
it deems
it necessary,
a vice-chairman.
-
- (4)
A committee
shall,
subject
to the
directions
of the
Commission,
perform
such
functions
of the
Commission
as the
Commission
may
assign to
it.
-
- (5)
On completion
of the
functions
assigned
to it
in terms
of subsection
(4), a
committee
shall
submit
a written
report thereon
to the
Commission,
whereupon
the committee
shall
automatically
dissolve.
-
(6)
The Commission
may
at any
time
dissolve
any committee.
(7) The
provisions
of section
5 shall
mutatis
mutandis
apply
to a
-
meeting
of a
committee.
-
- Functions
of
Commission
-
- 7.
(1) The
Commission
may,
in order
to achieve
its
objects
mentioned
in section
4-
-
- (a)
carry out
or cause
to be
carried out
any investigation
that
it deems
necessary;
-
- (b)
obtain
access
to official
information
or documents;
-
- (c)
hear any
person or
summon
any person
to appear
before
it for
questioning,
or require
from
any
person a
written
explanation
in respect
of any
matter
falling
within
the ambit
of its
objects;
-
- (d)
advise the
Minister
with regard
to any
matter
or
provide
him with
a recommendation;
-
- (e)
make
known any
finding,
point
of view
or recommendation
of the
Commission
in the
manner
which and
to whom
it deems
fit and -
- (f)
subject to
the provisions
of subsection
(2), report
to the
Minister for
the
information
of
Parliament
on any
matter
it deems
fit.
-
- (2)
A report
regarding
a matter
contemplated
in subsection
(1)(f),
shall
be tabled
in Parliament
by the
Minister
within
14 days
after
it was
presented
to him,
if Parliament
is then
in session,
or, if
Parliament
is
-
not
then
in session,
within 14
days
after the
commencement
of its
next
ensuing session.
-
- (3)
A committee
may,
subject to
the directions
of the
Commission,
exercise
any
of the
powers referred
to in
subsection (1)(a),
(b)
or (c).
-
- (4)
Any
person
who intentionally
obstructs the
Commission
or a
committee
in the
exercising
of its
powers
under subsection
(1)(a),
(b) or
(c), shall
be guilty
of an
offence and
liable
upon conviction
to a
fine
or to imprisonment
for a
period
not exceeding
three
months.
-
- Remuneration
and expenses
of
members
of Commission
and
committees
-
- 8.
(1) The
chairman
of the
Commission
or a
member
of a
committee
who is a
judge
of the
Supreme
Court,
may
be paid
such
allowances
for travelling
-
and
subsistence expenses
incurred
by him
in the
performance
of his
functions in
terms
of this
Act as
the
Minister
may
determine
with the
concurrence
of the
Minister
of State
Expenditure.
-
- (2)
A member
of the
Commission
or a
committee
who is
not a
judge
or magistrate
and who
is not
subject to
the laws
governing the
public
service,
may
be paid
such remuneration,
including
allowances
for travelling
and subsistence
expenses
incurred
by him
in the
performance
of his
functions
in terms
of this
Act, as
the
Minister
may
determine
with
the
concurrence
of
-
the
Minister of
State
Expenditure.
-
- Secretary
and staff
of
Commission
-
- 9.
The work
incidental
to the
performance
by the
Commission
of its
functions shall
be
performed
by officers
of the
Department
of Justice
designated
by the
Director-General:
Justice,
of whom
one
shall
be designated
by him
as secretary
of the
Commission.
-
- Appointment
of magistrates
-
- 10.
The Minister
shall, after
consultation
with
the Commission,
appoint
magistrates
in respect
of lower
courts under
and subject
to the
-
Magistrates'
Courts Act.
-
- Conditions
of service
of magistrates,
except
salary and
vacation
of office
-
- 11.
Subject
to the
provisions
of this
Act,
the conditions
of service
of
-
a
magistrate
shall be
determined
in accordance
with the
regulations
under section
16.
-
- Salaries
of magistrates
-
- 12.
(1) (a)
Subject to
the provisions
of this
section,
any person
occupying
the office
of magistrate
shall,
in
respect
of that
office,
be
-
paid
a salary
in accordance
with
the scale
determined
from
time
to time
for
-
his
rank and
grade by
the Minister
by
notice in
the Gazette
in consultation
with
the
Commission
and
after consultation
with
the Commission
for Administration
and with
the
concurrence
of the
Minister
of State
Expenditure.
-
- (b)
Different
categories of
salaries
and salary
scales may
be so
determined
in respect
of different
categories
of magistrates.
-
- (2)
A notice
in terms
of subsection
(1) or
any
provision
thereof
may
commence
with effect
from
a date
which
may
not be
more
than one
year
before the
date
of publication
thereof.
-
- (3)
The first
notice in
terms
of subsection
(1) shall
be
issued
as soon
as possible
after
the
commencement
of this
Act,
and thereafter
such a
notice
shall
be issued
if circumstances,
including
any
revision
and adjustment
of salaries
and allowances
of
public servants
since
the
latest
revision and
adjustment
of salaries
of magistrates,
so justify.
-
- (4)
(a)
A notice
issued
in terms
of subsection
(1)
shall be
tabled in
Parliament
within 14
days
after publication
thereof,
if Parliament
is then
in session,
or, if
Parliament
is not
then
in
session,
within
14 days
after the
commencement
of its
next
ensuing
session.
-
- (b)
If Parliament
by resolution
disapproves
such
a notice
or any
provision
thereof,
that
notice
or that
provision, as
the case
may
be, shall
lapse
to the
extent
to which
it is
so disapproved
with effect
from the
date
on which
it is
so disapproved.
-
(c)
The lapsing
of such
a notice
or
provision
shall not
affect- -
- (i)
the validity
of
anything
done under
the notice
or provision
up to
the
date
on which
it so
lapsed;
-
- (ii)
any right,
privilege,
obligation
or liability
acquired,
accrued or incurred
as at
that date
under
or by
virtue
of the
notice or
provision.
-
- (5)
The amount
of any
salary payable
in terms
of subsection
(1), shall
be paid
from moneys
appropriated
by
Parliament
for that
purpose.
-
- (6)
The salary
payable
to a
magistrate
shall not
be reduced
except
by Act
of Parliament:
Provided that
a disapproval
contemplated
in subsection
(4)(b)
shall,
for the
purposes
of this
subsection,
not
be deemed
to
result
-
in
a reduction
of such
salary.
-
- (7)
If an
officer
or employee
in the
public service
is appointed
as a
magistrate,
the period
of his
service as
a magistrate
shall
be
reckoned as
part of
and continuous
with his
service
in the
public
service
for the
purposes
of leave,
pension
and
any
other
condition of
service.
-
- Vacation
of office
and discharge
of magistrates
-
- 13.
(1) A
magistrate
shall vacate
his
office on
attaining
the
age
of 65
years:
Provided
that
if he
attains
the
said age
after
the first
day
of any
month,
he shall
be
deemed
to attain
that age
on the
first day
of the
next
ensuing month.
-
- (2)
A magistrate
shall not
be
suspended
or removed
from
office except
in accordance
with the
provisions
of subsections
(1), (3),
(4) and
(5).
-
- (3)
(a)
The
Minister
may
suspend a
magistrate
on the
recommendation
of the
Commission
and, subject
to the
provisions of
this
subsection, remove
him
from
office-
-
- (i)
for misconduct;
-
- (ii)
on account
of continued
ill-health;
or
-
- (iii)
on
account
of incapacity
to
carry out
his
duties
of office
efficiently.
-
- (b)
A magistrate
so suspended
from
office shall
receive,
for the
-
duration
of such
suspension,
no
salary or
such salary
as may
be determined
by the
Minister on
the
recommendation
of the
Commission.
-
- (c)
A report
in which
the suspension
of a
magistrate
and the
reason
therefor
are made
known,
shall be
tabled
in Parliament
by the
Minister
within
14 days
after such
suspension,
if Parliament
is then
in
session,
or,
-
if
Parliament
is not
then
in session,
within
14 days
after the
commencement
-
of
its next
ensuing session.
-
- (d)
If Parliament,
within
21 days
after the
report referred
to in
paragraph (c)
was tabled
in
Parliament,
passes
a resolution
in which
the
restoration
to his
office of
a magistrate
so suspended
is recommended,
such magistrate
shall be
restored
to his
office
accordingly.
-
- (e)
If Parliament
does not
pass
a resolution
in accordance
with
-
- paragraph
(d), the
Minister
shall confirm
the
suspension
and
remove
the
magistrate
concerned
from
his office.
-
(4)
The Minister
shall remove
a magistrate
from
his office
if -
Parliament
passes
a resolution
recommending
such
removal
on the
ground
of misconduct
of the
magistrate
or on
account of
his continued
ill-health or
-
his
incapacity
to carry
out
his
duties
of
office
efficiently.
-
- (5)
(a)
The Minister
may,
at the
request
of a
magistrate,
allow such
magistrate
to
vacate
his
office-
-
- (i)
on
account
of continued
ill-health;
or
-
- (ii)
for any
other reason
which
the Minister
deems
sufficient.
-
- (b)
Any
request
of a
magistrate
contemplated
in paragraph
(a)(ii)
shall
be addressed
to the
Minister
so that
he receives
it at
least
six
calendar
months
before
the
date on
which
the
magistrate
wishes so
to vacate
his office,
unless
the Minister
approves
a shorter
period in
a specific
case.
-
- (c)
If a
magistrate-
-
- (i)
is allowed
to vacate
his office
in terms
of paragraph
-
(a)(i),
he shall
be entitled
to such
pension benefits
as he
-
would
have
been
entitled
to under
the
pensions Act
applicable
to him
if his
services
had been
terminated
on the
ground
of continued
ill-health
occasioned without
his being
-
instrumental
thereto; or
-
- (ii)
is allowed
to vacate
his
office
in terms
of paragraph
-
(a)(ii),
he shall
be deemed-
-
- (aa)
to have
been removed
from
office
to promote
efficiency
for reasons
other
than
his own
unfitness
or incapacity;
or
-
- (bb)
to have
been retired
in accordance
with
section
15(4) of
the
Public
Service
Act, 1984
(Act
No. 111
of 1984),
as the
Minister may
direct, and
he
shall
be
entitled
to such
pension benefits
as he
would
have
been entitled
to under
the
pensions
Act applicable
to him
if he
had been
so removed
from
office or
had been
so retired,
according
to the
direction of
the Minister.
-
- Powers
and duties
of magistrates
-
- 14.
A magistrate
shall possess
the powers
and perform
the duties
conferred on
or assigned
to him
by or
under
the laws
of the
Republic
or, in
any specific
case,
by the
Minister
after
consultation
with the
Commission.
-
- Magistrates
shall not
perform
other
paid work
-
- 15.
No magistrate
shall,
without the
consent
of the
Minister,
perform
any paid
work outside
his duties
of office.
-
- Regulations
-
- 16.
(1) The
Minister
may,
after
the
Commission
has made
a recommendation,
make
regulations regarding
the
following matters
in relation
to judicial
officers
in the
lower
courts:
-
- (a)(i)
The requirements
for appointment
and the
appointment,
promotion,
transfer,
discharge
and disciplinary
steps;
-
- (ii)
the
recognition
of appropriate
qualifications
and experience
for the
purposes
of the
determination
of salary;
-
- (iii)
the
procedure
and manner
of and
criteria
for
evaluation
and the
conditions or
requirements
for the
purposes
of promotion;
-
(iv)
transfer
and resettlement
costs; -
- (b)
the duties,
powers,
conduct,
discipline,
hours
of attendance,
leave
of
absence,
including
leave
gratuity,
and pension,
including
contributions
to a
pension
fund, and
any other
condition
of service,
including the
occupation
of official
quarters;
-
- (c)
the creation
of posts
on the
fixed establishment,
and the
number,
grading,
regrading, designation,
redesignation
or conversion
of posts
on the
fixed
establishment
of any
magistrate's
office;
-
- (d)
the training
of judicial
officers in
the various
lower
courts,
including financial
assistance
for such
training;
-
- (e)
a code
of conduct
to be
complied
with by
judicial
officers; (f)
the provision
of official
transport;
-
(g)
the conditions
on which
and the
circumstances
under which
remuneration
for
overtime
duty,
and travel,
subsistence,
climatic,
local and
other
allowances,
may
be paid;
-
- (h)
the circumstances
under which
a medical
examination
shall be
required
for the
purposes of
any provision
of this
Act or
any other
law, and
the form
of medical
reports and
certificates;
-
- (i)
the legal
liability
of any
judicial officer
in respect
of any
act
-
- done
in terms
of this
Act
or any
other law
and the
legal
liability
emanating
from
the
use of
official
transport;
-
- (j)
the circumstances
under which
and the
conditions
and manner
in which
a judicial
officer
may
be found
guilty
of misconduct,
or to
be suffering
from
continued
ill-health,
or of
incapacity
to carry
out
-
his
duties
of office
efficiently;
-
- (k)
the procedure
for dealing
with
complaints
and grievances
of judicial
officers,
and
the manner
in which
and time
when or
period
wherein
and person
to whom
documents
in connection
with requests
and communications
of such
judicial officers
shall be
submitted;
-
- (l)
the recognition
of any
professional
society;
-
- (m)
the
membership
or conditions
of membership
of a
particular
medical
aid scheme
or medical
aid society
and the
manner
in and
the
-
conditions
on which
membership
fees and
other
moneys
which
are payable
or owing
by or
in
respect
of judicial
officers
or their
dependants,
to a
medical aid
scheme
or medical
aid society,
may
be recovered
from
the salaries
of such
judicial
officers and
paid to
-
such
medical
aid scheme
or medical
aid society;
-
- (n)
the contributions
to and
the
rights,
privileges
and obligations
of judicial
officers
or their
dependants
with
regard to
such
a medical
aid scheme
or medical
aid society;
-
- (o)
in general,
any
matter,
which
is not
in
conflict
with
this
Act,
which is
reasonably
necessary
for the
regulation
of the
conditions of
service of
judicial
officers
or any
matter
in connection
with the
rights,
powers, functions
and
duties
of a
judicial
officer.
-
- (2)
(a)
A regulation
made
under
this
section
shall
be in
force
unless and until
Parliament
during
the
session
in which
the list
referred
to in
section
17 of
the Interpretation
Act,
1957
(Act No.
33 of
1957), which
relates
to that
regulation,
has
been
laid
upon the
Table
in Parliament,
by resolution
disapproves
the regulation,
in which
event
the regulation
shall
lapse
with effect
from
a date
to be
specified
in the
resolution.
-
- (b)
The lapsing
of a
regulation in
terms
of this
subsection shall
not affect
the validity
of anything
done under
the
regulation
prior
to the
date mentioned
in the
resolution.
-
(c)
The provisions
of this
subsection
shall not
affect the
power
of the Minister
to make
a new
regulation
regarding the
matter
dealt
with by
a regulation
that has
lapsed
in terms
of paragraph
(a).
-
- (3)
Any
regulation
under
this section
which results
in State
-
- expenditure,
shall be
made
with the
concurrence
of the
Minister
of State
-
Expenditure.
-
- (4)
No
regulation
made
under
subsection
(1), shall
contain
any provision
which affects
the service
benefits
of any
magistrate
as they
existed
prior
to the
date of
commencement
of this
section
to his
detriment.
-
- (5)
Different
regulations
may
be made
under subsection
(1) in
respect
of magistrates
and other
judicial officers.
-
- Amendment
of section
9 of
Act 32
of 1944,
as substituted
by
section
2 of
-
Act
8 of
1967 and
amended
by section
4 of
Act
53 of
1970,
section
8 of
Act
-
102
of 1972,
section
11 of
Act 29
of 1974,
section
24 of
Act 94
of 1974,
section
1 of
Act 28
of 1981
and section
2 of
Act 34
of 1986
-
- 17.
Section 9
of the
Magistrates'
Courts Act
is hereby
amended
by the
substitution
for paragraph
(a) of
subsection
(1) of
the
following paragraph:
-
- "(a)
Subject
to the
provisions
of the
law
governing
the public
service
Magistrates
Act,
1993,
and
the provisions
of paragraph
-
(b)
of this
subsection
and
of section
10, the
Minister
may
appoint
for any
-
district
or subdistrict
a magistrate,
one or
more
additional
magistrates
or one
or more
assistant
magistrates
and for
every regional
division
a magistrate
or magistrates.".
-
- Transitional
provisions and
saving
-
- 18.
(1) Any
person who
immediately
before
the
date
of commencement
of section
10 occupied
the
office of
magistrate
or held
the
substantive
rank
-
of
magistrate
or regional
magistrate,
shall as
from
the
said date
be
deemed
to have
been
duly
appointed in
terms
of the
provisions
of section
9 of
the
Magistrates'
Courts Act
read with
section
10 of
this
Act, and
the
-
provisions
of this
Act shall
be
applicable
to such
person.
-
- (2)
The salary
paid to
a magistrate
immediately
before the
date of
commencement
of the
first notice
contemplated
in section
12(1),
or any
provision
thereof
which
may
be applicable
to him,
shall be
deemed
to have
been determined
in terms
of that
section.
-
- (3)
The conditions
of service
applicable
to a
person
referred to
in subsection
(1)
immediately
before the
date
of commencement
of
section
12, shall
not be
affected
to his
detriment,
and no
such condition
of service
-
shall,
after
such
date,
be
construed
or applied
in a
manner
which
is less
favourable to
the person
concerned
than
the
manner
in which
it was
construed
or
applied
immediately
before
the
said date.
-
- (4)
Subject
to the
provisions
of this
Act,
any-
-
- (a)
law regarding
any condition
of service;
-
- (b)
measure
regarding
the duties,
functions and
powers;
or (c)
arrangement
regarding
any administrative
function,
which
applied
to a
magistrate
or other
judicial officer
immediately
before the
date
-
of
commencement
of any
regulation
under
section 16
relating
to such
-
matter,
shall
remain
in force
until
the
date
on which
such regulation
commences.
-
- Short
title
and commencement
-
- 19.
(1) This
Act shall
be
called the
Magistrates
Act,
1993, and
shall come
into operation
on a
date
to be
fixed by
the State
President
by proclamation
in the
Gazette.
-
- (2)
Different
dates
may
be so
fixed in
respect
of different
provisions of
this Act.
|
