| (1) | No person shall be appointed as a magistrate unless he— |
| (a) | is a South African citizen or has been lawfully admitted to the Republic for permanent residence therein and is ordinarily resident in the Republic; |
| (b) | is a fit and proper person; |
| (c) | is, according to the health questionnaires referred to in regulation 4(2)(b), in good health: Provided that if there is uncertainty in respect of the good health of an applicant, the Commission may request that he subject himself to a health examination at his own expense and submit a medical report on his health: Provided further that if the health questionnaire referred to in regulation 4(2)(b) is older than three months from the date of examination, or his medical examination, a new health questionnaire or medical report may be requested by the Commission; |
| (d) | is competent in the official languages in which, to the opinion of the Commission, he should be competent; |
| (e) | has the legal qualifications referred to in the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944); and |
| (i) | has successfully completed an applicable course (the duration, content and extent of which shall be specified by the Chief of the Justice College after consultation with the Commission) to the satisfaction of the Chief of the Justice College or a person designated by him; and |
| (ii) | has, after the successful completion of the course referred to in subparagraph (i), for a substantive period of six months, to the satisfaction of the Commission, occupied the office of a judicial officer in respect of which he is a candidate in an acting or temporary capacity: |
Provided that the Minister may, on the recommendation of the Commission, exempt a candidate from the requirements of paragraphs (i) or (ii) or both paragraphs.
| (2) | A candidate who has not already been appointed in terms of section 9(1) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), as judicial officer in another capacity as that in respect of which he is a candidate, is in the employment of the State in a full-time or temporary capacity while he attends the course referred to in subregulation (1)(f)(i) and fills the position of judicial officer referred to in subregulation (1)(f)(ii). |
