Pretoria - Cabinet has approved the the draft Judges' Remuneration and Conditions of Employment Amendment Bill, 2011.
The Bill seeks to amend the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), which provides for the appointment of judges, including the Chief Justice.
"President [Jacob] Zuma duly extended the Chief Justice's term of office for a period of five years with effect from 15 August 2011 in accordance with section 8(a) of the Judges' Remuneration and Conditions of Employment Act," said Cabinet in a statement on Thursday.
Cabinet further said it was confident in the President's legislative and constitutional authority in extending the term of office of the Chief Justice, and that the Judges' Remuneration and Conditions of Employment Act was constitutional.
"The Cabinet notes that section 165 (4) of the Constitution obliges organs of State, through legislative and other measures, to assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and their effectiveness," it said.
The Bill applies to the Chief Justice and President of the Supreme Court of Appeal and provides that if either has not completed a period of seven years of active service, must continue to perform active service until either completes seven years or attains the age of 75 years - whichever occurs first.
The Bill also provides for the Chief Justice and President of the Supreme Court of Appeal to be discharged from active service at their request, subject to the approval of the President or through infirmity.