To make the Magistrates Act, 1993, applicable throughout the Republic; to validate certain transfers of and the performance of certain functions by certain magistrates; and to amend the said Act so as to make provision for a magistrate to be transferred to, and appointed to a post in, the public service; and to provide for matters in connection therewith.
'Magistrates Commission' means the Magistrates Commission established by section 2 of the Magistrates Act.
The Magistrates Act shall from the fixed date apply throughout the Republic: Provided that section 13 (1) of that Act shall not be so applicable to a magistrate to whom a different retirement age than 65 years was applicable on 1 October 1993, unless such magistrate consents to such application by notice in writing to the Director-General: Justice within one month after the fixed date.
Any magistrate shall from the fixed date be deemed to have been duly appointed in accordance with section 10 of the Magistrates Act, and the provisions of that Act shall, subject to the provisions of this Act, be applicable in respect of such magistrate.
For the purpose of the appointment of a magistrate in a former state after the fixed date, any reference in the Magistrates Act to a provision of the Magistrates' Courts Act, 1944 (Act 32 of 1944), shall be construed as a reference to the corresponding law in force in such former state at the time of such appointment.
Any magistrate transferred before the fixed date to perform magisterial functions at any place in the Republic outside the former state where such magistrate was appointed as a magistrate, shall for all purposes be deemed to have been validly so transferred and to have performed such functions validly.
JUDICIAL MATTERS AMENDMENT ACT 85 OF 1995 Page 2 of 2 apply to such magistrate until amended by a determination under that section, made in order to establish uniformity of the terms and conditions of service of magistrates throughout the Republic.
contribute to such pension fund, until otherwise provided for under section 16 (1) (b) of the Magistrates Act.
any complaint by or grievance of, a magistrate, which has not been finalised by the fixed date, to the Magistrates Commission, which shall, subject to the Constitution, treat the matter as it deems appropriate.
deletes the word 'or' at the end of subsection (5) (a) (i); paragraph (b) inserts subsection (5) (a) (iA); and paragraph (c) adds subsections (6) and (7).
This Act shall be called the Judicial Matters Amendment Act, 1995, and shall come into operation on a date fixed by the President by proclamation in the Gazette.