'this Act' includes any guidelines issued under section 16.
provide proper, appropriate and transformational judicial education and training, having due regard to both our inherited legacy and our new constitutional dispensation; and offer judicial education and training to aspiring and newly appointed judicial officers as well as continued training for experienced judicial officers.
is a juristic person; and is responsible for the judicial education and training of judicial officers and aspiring judicial officers.
The seat of the Institute is at a place to be determined by the Council with the concurrence of the Minister: Provided that the Institute may, with the approval of the Minister, also conduct its activities away from its seat.
to promote the independence, impartiality, dignity, accessibility and effectiveness of the courts; and to render such assistance to foreign judicial institutions and courts as may be agreed upon by the Council.
There is hereby established a Council responsible for the governance of the Institute.
by the Chief Justice after consultation with the persons required to be consulted in respect of the designation in question.
Any member referred to in subsection (2) whose term of office has expired, may be designated again.
one traditional leader designated by the National House of Traditional Leaders referred to in the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003).
A vacancy in the membership of the Council does not affect the validity of the proceedings or the decisions of the Council.
Due consideration must be given in the composition of the Council to demographic and gender representivity.
Meetings of the Council must be held at the times and places determined by the Chief Justice, but at least every six months.
A majority of the members of the Council constitutes a quorum.
If the Chief Justice is absent from a meeting, the Deputy Chief Justice must act as chairperson, and if both are absent, the members must elect one of their number to preside at that meeting.
The Council may regulate the proceedings at its meetings as it considers fit and must keep minutes of the proceedings.
(a) Every member of the Council has one vote.
In the event of an equality of votes the person presiding will have both a deliberative and a casting vote.
such further standing committee or other committee for a particular purpose as may become necessary.
The members of a standing or other committee may be members of the Council or may be co-opted for that purpose by the Council.
The majority of the members of any such committee must be members of the Council.
The Council is not divested of any function entrusted to any of its committees by virtue of subsection (1) or (2); and may set aside or vary any decision taken by such committee, subject to any rights that may have accrued to a person as a result of the decision.
The Council may do all that is necessary or expedient to achieve the objects of this Act.
establish and maintain contact with the Judicial Service Commission, the Magistrates Commission, Heads of Courts, the organised legal profession, academics and other individuals and entities with an interest in judicial education.
employ such administrative staff as may be necessary; and enter into contracts with service providers and accept liability for the expenses incurred as a result of such services being rendered.
The Council must appoint a Director for a determined term and on such conditions as the Council may determine.
The Council may re-appoint the Director at the end of the term.
appoint and supervise the administrative staff of the Institute; and provide quarterly management reports to the Director-General.
The Minister must, with the concurrence of the Council and after consultation with the Minister of Finance, determine the Director's remuneration, allowances, benefits and other terms and conditions of employment.
Expenditure in connection with the administration and functioning of the Institute must be defrayed from monies appropriated by Parliament for this purpose.
may not be used by the Department for any other purpose unless the Council has been consulted and the National Treasury approves such use.
The Institute may receive funds from donations, contributions or gifts and from other sources approved by the Council in accordance with National Treasury regulations.
is charged with the responsibility of accounting for monies received or paid out for or on account of the administration and functioning of the Institute and for donations, contributions or gifts in accordance with National Treasury regulations; and must cause the necessary accounting and other related records to be kept, which records must be audited by the Auditor-General.
The Institute must utilise the donations, contributions or gifts to advance the objects of the Institute as contained in this Act or any other law.
The financial year of the Institute is the period of 1 April in any year to 31 March in the following year, except that the first financial year of the Institute begins on the date on which this Act comes into operation, and ends on 31 March of the following year.
in a call account or short-term fixed deposit with any registered bank or financial institution in the Republic; or in an investment account with the Corporation for Public Deposits established by section 2 of the Corporation for Public Deposits Act, 1984 (Act 46 of 1984).
a statement, with suitable and sufficient particulars, reflecting the income and expenditure of the Institute during the preceding financial year; and a balance sheet showing the state of its assets, liabilities and financial position as at the end of that financial year.
The Auditor-General must audit the financial statements of the Institute each year.
The Council may, with the concurrence of the Minister who must consult with the Minister of Finance, determine the remuneration, allowances, benefits, and other terms and conditions of appointment of each member of staff.
The Council must prepare and submit to the Minister an annual report in the form prescribed by the Minister within six months after the end of the Institute's financial year.
The Minister must table in Parliament each annual report submitted in terms of this Act.
a statement of the progress made during the preceding year towards achieving the objects of this Act.
The Chief Justice may issue guidelines, with the concurrence of the Minister, in respect of any matter concerning the exercise of any power and the performance of any function of the Institute.
may be remunerated for her or his services on the Council.
Members may be reimbursed for their reasonable expenses incurred in the course of their service as members of the Council.
The seal of the Institute must be determined by the Council with the concurrence of the Minister.
The President must approve the seal of the Institute.
The seal of the Institute must be published in the Gazette on approval by the President.
The Institute must commence with its training functions as from a date fixed by the Minister by notice in the Gazette.
Before the date so fixed, the necessary arrangements must be made for the Institute to be accommodated, equipped and staffed in order to perform its functions properly.
This Act is called the South African Judicial Education Institute Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette.