PRESIDENT'S
OFFICE
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- No. 1545.
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6 October 1995
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- NO. 84 OF 1995:
RESTITUTION OF LAND RIGHTS AMENDMENT ACT, 1995
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- It is hereby notified that
the President has assented to the following Act which is hereby
published for general information:-
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- GENERAL EXPLANATORY NOTE:
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- ** ** Words between
asterisks indicate omissions from existing enactments.
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- << >> Words
between pointed brackets indicate insertions in existing
enactments.
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ACT
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- To amend the Restitution
of Land Rights Act, 1994, so as to provide for the designation of an
acting President of the Land Claims Court; to provide for the
appointment of additional
and acting judges of the Land Claims
Court; and to further regulate the remuneration and conditions of
employment of judges of
the Land Claims Court; and to provide for
matters connected therewith.
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- (Afrikaans text signed
by the President.) (Assented to 28 September 1995.)
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- BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:- Amendment
of section 22 of Act 22 of 1994
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1. Section 22 of the
Restitution of Land Rights Act, 1994 (hereinafter
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referred to as the principal
Act), is hereby amended by the addition of the following
subsections:
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- " <<(7) The
President of the Republic shall designate a judge of the Court to
act as President of the Court during
the absence of the President of
the Court.
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- (8) If there is sufficient
reason the President of the Republic may, after consultation with
the President of the Court, appoint
an additional or acting judge of
the Court for such term as the President of the Republic shall
determine: Provided that the
Minister of Justice, after
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consultation with the
President of the Court, may make such an appointment in respect of a
term not exceeding one month.
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- (9) (a) Proceedings in
which a judge of the Court has participated and which have not been
disposed of at the termination of his
or her term of service or,
having been disposed of before or after such termination, are
reopened, shall be disposed of by that
judge.
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- (b) For the purposes of
paragraph (a) any appointment made under this section shall be
deemed also to have been made for the time
in which the proceedings
referred to in paragraph (a) are being disposed of>>.".
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- Substitution of section 26
of Act 22 of 1994
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- 2. The following section
is hereby substituted for section 26 of the principal Act:
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- "Remuneration and
conditions of employment of judges
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26. <<(1)>> **A**
<<The President and a>> judge of the Court <<not
being a judge of the Supreme
Court of South Africa>>, shall
receive such remuneration and shall, subject to section 22(5), be
appointed subject to such
conditions of employment as **may be
prescribed by or under the
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Judges' Remuneration and
Conditions of Employment Act, 1989 (Act No. 88 of
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1989)** <<determined by
the President of the Republic in consultation with the Judicial
Service Commission>>, and
his or her remuneration shall
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**subject to the
provisions of section 7(4) of the said Act** not be
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reduced during his or her
**continuance in office** <<term of service>>.
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- <<(2) The President
and a judge of the Court may be paid such allowances for travelling
and subsistence expenses incurred
by him or her in the performance
of his or her functions in terms of this Act as the Minister may
determine with the concurrence
of the Minister of Finance.
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- (3) The provisions of
subsections (1) and (2) shall apply also to a person appointed under
section 22(7) and (8).>>".
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- Short title
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3. This
Act shall be called the Restitution of Land Rights Amendment Act, -
1995.
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