| (1) | For purposes of this Chapter, unless the context indicates otherwise— |
| (a) | "active service" means active service as contemplated in section 1 of the Judges' Remuneration and Conditions of Service Act, 2001 (Act No. 47 of 2001); |
| (b) | "Chairperson", means the Chairperson of the Committee; |
| (c) | "Commission" means the Commission, acting without the participation of the members referred to in section 178(1)(h) and (i) of the Constitution; |
| (d) | "Committee" means the Judicial Conduct Committee referred to in section 8; |
| (e) | "Head of Court", in relation to a complaint against a judge— |
| (i) | of the Constitutional Court, means the Chief Justice; |
| (ii) | of the Supreme Court of Appeal, means the President of that Court; |
| (iii) | of any other court, means the Judge President of that court; |
| (iv) | who was performing judicial duties in an acting capacity on the date the complaint arose, means the Head of Court in which such judge acted when the complaint arose; or |
| (v) | who has been discharged from active service, means the Chief Justice; |
| (f) | "immediate family member" in relation to a judge refers to the spouse, civil partner or permanent life partner of that judge and includes dependent children of, and family members living in the same household with, that judge; and |
| (g) | "judge" means any Constitutional Court judge or judge referred to in section 1 of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), which includes a judge who has been discharged from active service in terms of that Act, as well as any person holding the office of judge in a court of similar status to a High Court, as contemplated in section 166 of the Constitution, and, except for the purposes of section 11, includes any Constitutional Court judge or judge performing judicial duties in an acting capacity. |
| (2) | In this Chapter any reference to a complainant or to a respondent must, unless it is inconsistent with the context, be construed to include a reference to a legal representative of that complainant or respondent. |
[Section 7 inserted by section 9 of Act No. 20 of 2008]
