Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RegulationsDetermination of the Remuneration and Conditions of Employment of Judges of the Land Claims CourtTransport and other allowances |
14.
| (1) | If a practising advocate or attorney is appointed an acting judge he or she shall be paid an amount of R211 per day for the maintenance of his or her practice as advocate or attorney for the duration of such appointment. |
| (2) | If a judge is required to continue as acting judge for one or more periods after his or her period of appointment has expired he or she shall for the extended period or periods receive in addition to his or her salary an amount of R211 per day for the duration of such appointment as acting judge: Provided that either the amount mentioned in subparagraph (1) or the amount mentioned in this subparagraph is paid. |
[Regulation 14 substituted by regulation 6 of the Regulations in Government Notice R. 844, Gazette No. 22646 dated 7 September 2001 - deemed by regulation 7 of the same Regulations to have come into operation on 11 August 2000]
15.
| (1) | All claims for the payment of allowances in terms of this determination shall, where applicable, state the nature of the services and such other information as may be necessary to calculate the amount payable. |
| (2) | A claim referred to in subparagraph (1) shall be signed and certified correct by the judge concerned. |
16.
| (1) | When a person is appointed a judge and the seat of the court is not situated at the place where he or she resides on appointment, the cost of the transport of that judge and his or her family, domestic workers and effects to the seat of the court shall be defrayed from public funds. |
| (2) | The cost of transport of such judge or his or her family and domestic workers referred to in subparagraph (1) may not exceed the cost of first class train tickets, unless authority for the use of other transport has been granted by the Minister. |
| (3) | If the Minister has granted authority under subparagraph (2) for a judge to use private transport, such judge may be compensated at a tariff of R1,00 per kilometre. |
(4)
| (a) | When effects have to be transported the registrar of the court or any other registrar of the Supreme Court shall obtain written tenders from at least three cartage contractors for the packing, loading, unloading and unpacking of the effects for transport by train and, should the judge or person concerned so prefer, for the transport thereof by road. |
| (b) | The lowest tender for the packing, loading, unloading and unpacking of the effects shall be accepted by the registrar, but the Minister may approve the acceptance of a higher tender if, in his or her opinion, there are good reasons for rejecting the lowest tender. |
| (5) | The State shall not be responsible for any insurance premiums in respect of the transportation of effects: Provided that premiums in respect of insurance cover in the case of the transport of effects by road may be paid from public funds if the lowest tender for road transport includes such premiums as an integral part thereof. |
(6)
| (a) | Not more than two motor vehicles of a judge referred to in subparagraph (1) may be transported by train at State expense, provided they are transported at the owner's risk. |
| (b) | Such judge may be reimbursed from public funds for actual incidental expenses incurred in loading and unloading the vehicle or vehicles referred to in (a). |
| (7) | The transportation of the effects of a judge referred to in subparagraph (1) shall take place within 12 months after the appointment of the judge concerned, unless the Minister grants permission for the postponement of the transport thereof. |
| (8) | The Minister may in exceptional cases approve the transportation of the effects of a judge referred to in subparagraph (1) at State expense and their storage in a warehouse for a period not exceeding 12 months and, thereafter, their transportation to his or her new home: Provided that the registrar shall call for at least three tenders for the performance of the services and the lowest tender shall be accepted by him or her: Provided further that the Minister may approve the acceptance of a higher tender if, in his or her opinion, there are good reasons for rejecting the lowest tender. |
| (9) | A judge who is not permanently resident in Gauteng may, subject to the provisions of subparagraphs (1), (3) and (5), transport part of his or her effects and library, separately or together, once to Gauteng at State expense to meet his or her office and accommodation needs. |
17.
| (1) | On— |
| (i) | removal from office; |
| (ii) | resignation from office; |
| (iii) | vacation of his or her office upon the expiry of his or her term of appointment contemplated in section 22(5) of the Act; or |
| (iv) | the death of a judge, |
his or her effects may be transported, once only, at State expense to any place in the Republic of South Africa where he or she or the surviving spouse, as the case may be, is to settle, in which case the provisions of paragraph 16 shall mutatis mutandis apply.
| (2) | The transportation referred to in subparagraph (1) shall be effected not earlier than two months prior to and not later than 12 months after the date of such removal, resignation or vacation and, in the case of death, not later than 12 months after the date of death, unless the Minister is satisfied that owing to exceptional circumstances the transportation of effects in terms of subparagraph (1) must be effected earlier than two months prior to the date of such removal, resignation or vacation or later than 12 months after the date of removal, resignation, vacation or death, in which case he or she may grant permission for the effects to be transported earlier or grant an extension of time for such transportation. |