Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RegulationsDetermination of the Remuneration and Conditions of Employment of Judges of the Land Claims CourtGratuity payable to Judges after vacation of office |
6.
| (1) | A judge who has vacated his or her office upon the expiry of his or her term or consecutive terms of contemplated in section 22(5) of the Act, shall be paid a gratuity calculated in accordance with the formula— |
in which formula the factor—
| (a) | D represents the salary which at the time of his or her vacation of office was applicable to the office concerned; and |
| (b) | T represents the period of his or her term in such office, which shall be calculated by the year and the month, and fractions of the month shall be taken into account, including any consecutive terms for which he or she has been appointed. |
[Regulation 6(1)(b) substituted by regulation 2 of the Regulations in Government Notice R. 844, Gazette No. 22646 dated 7 September 2001 - deemed by regulation 3 of the same Regulations to have come into operation on 2 February 1996]
| (2) | A judge who has vacated his or her office upon acceptance by the President of the Republic of South Africa of resignation, shall be paid a gratuity calculated in accordance with the formula— |
in which formula the factor—
| (a) | D represents the salary which at the time of his or her vacation of office was applicable to the office concerned; and |
| (b) | E represents the period of his or her term in such office, which shall be calculated by the year and the month, and fractions of a month shall be taken into account. |
| (3) | The total amount of any gratuity payable in terms of this paragraph to a judge shall not exceed three times his or her highest salary during the period of his or her office. |
| 7. | The surviving spouse of a judge who died before his or her term of office as a judge has expired or the estate of who is not survived by a spouse, shall be paid an amount equal to the amount of the gratuity which would in terms of paragraph 6(2) have been payable to such judge had he or she not died but, on the date of his death, vacated his or her office in terms of that paragraph: |
Provided that factor E in the formula referred to in paragraph 6(2) shall be deemed to be not less than 4.
| 7A. | Any period served by an acting judge in such capacity shall not be taken into account for the purpose of calculating his or her gratuity. |
[Regulation 7A inserted by regulation 4 of the Regulations in Government Notice R. 844, Gazette No. 22646 dated 7 September 2001 – deemed by regulation 5 of the same Regulations to have come into operation on 11 August 2000]