(1)
| (a) | Magistrates are entitled to such salaries, allowances or benefits— |
| (i) | as determined by the President from time to time by notice in the Gazette , after taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office-bearers established under section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 ( Act 92 of 1997 ); and |
| (ii) | approved by Parliament in terms of subsection (3). |
| (b) | Different categories of salaries and salary scales may be determined by the President in respect of different categories of magistrates. |
| (c) | The Commission referred to in paragraph (a) (i) must, when investigating or considering the remuneration of magistrates, consult with— |
| (i) | the Minister and the Cabinet member responsible for finance; and |
| (ii) | the Chief Justice or a person designated by the Chief Justice. |
| (2) | A notice in terms of subsection (1)(a) or any provision thereof may commence with effect from a date specified in the notice, which date may not be more than one year before the date of publication of the notice. |
(3)
| (a) | A notice issued under subsection (1)(a) must be submitted to Parliament for approval before publication thereof. |
| (b) | Parliament must by resolution— |
| (i) | approve the notice, whether in whole or in part; or |
| (ii) | disapprove the notice. |
| (4) | The amount of any remuneration payable in terms of subsection (1), shall be paid out of the National Revenue Fund as contemplated in section 213 of the Constitution. |
(5)
| (a) | If any magistrate is appointed in an acting or temporary capacity to any other judicial office— |
| (i) | for a continuous period exceeding one day; and |
| (ii) | the remuneration attached to that office exceeds the remuneration attached to the office ordinarily held by the magistrate, |
he or she shall, for the duration of such appointment, be entitled to such additional remuneration as determined from time to time by the Minister.
| (b) | For the purpose of paragraph (a) additional remuneration must be calculated by the day, and any part of a day must be reckoned as a day. |
| (6) | The remuneration of magistrates shall not be reduced except by an Act of Parliament. |
| (7) | If an officer or employee in the public service is appointed as a magistrate, the period of his or her service as a magistrate shall be reckoned as part of and continuous with his or her service in the public service for the purposes of leave, pension and any other condition of service. |
[Section 12 substituted by section 3 of Act No. 28 of 2003]
[Date of commencement of section 12: 11 March 1994]
