Magistrates Act, 1993 (Act No. 90 of 1993)18. Transitional provisions and savings |
| (1) | Any person who immediately before the date of commencement of section 10 occupied the office of magistrate or held the substantive rank of magistrate or regional magistrate, shall as from the said date be deemed to have been duly appointed in terms of the provisions of section 9 of the Magistrates' Courts Act read with section 10 of this Act, and the provisions of this Act shall be applicable to such person. |
| (2) | The salary paid to a magistrate immediately before the date of commencement of the first notice contemplated in section 12 (1), or any provision thereof which may be applicable to him or her, shall be deemed to have been determined in terms of that section. |
[Section 18(2) substituted by section 8(e) of Act No. 35 of 1996]
| (3) | The conditions of service applicable to a person referred to in subsection (1) immediately before the date of commencement of section 12, shall not be affected to his or her detriment, and no such condition of service shall, after such date, be construed or applied in a manner which is less favourable to the person concerned than the manner in which it was construed or applied immediately before the said date. |
[Section 18(3) substituted by section 8(g) of Act No. 35 of 1996]
| (4) | Subject to the provisions of this Act, any— |
| (a) | law regarding any condition of service; |
| (b) | measure regarding the duties, functions and powers; or |
| (c) | arrangement regarding any administrative function, |
which applied to a magistrate or other judicial officer immediately before the date of commencement of any regulation under section 16 relating to such matter, shall remain in force until the date on which such regulation commences.
| (5) | Notwithstanding the provisions of the Government Service Pension Act, 1973 (Act 57 of 1973)— |
| (a) | any person contemplated in subsection (1), shall remain a member of the Government Service Pension Fund referred to in section 3 of the Government Service Pension Act, 1973; |
| (b) | any person appointed as a magistrate after the commencement of section 10 who is a member of the fund referred to in paragraph (a), shall remain a member; and |
| (c) | any person appointed as a magistrate after the commencement of section 10 who is not a member of the fund referred to in paragraph (a), shall become a member of the fund and contribute thereto, |
until other provision is made by regulation under section 16(1)(b).
[Section 18(5) inserted by section 21 of Act No. 204 of 1993]
[Date of commencement of section 18: 11 March 1994]