Chapter 8: Courts and Administration of Justice
(c) one Judge President designated by the Judges President;
(d) the Cabinet member responsible for the administration of justice, or an
alternate designated by that Cabinet member;
(e) two practising advocates nominated from within the advocates’ profession to
represent the profession as a whole, and appointed by the President;
(f) two practising attorneys nominated from within the attorneys’ profession to
represent the profession as a whole, and appointed by the President;
(g) one teacher of law designated by teachers of law at South African universities;
(h) six persons designated by the National Assembly from among its
members, at least three of whom must be members of opposition parties
represented in the Assembly;
(i) four permanent delegates to the National Council of Provinces designated
together by the Council with a supporting vote of at least six provinces;
(j) four persons designated by the President as head of the national executive,
after consulting the leaders of all the parties in the National Assembly; and
(k) when considering matters relating to a specific Division of the High Court
of South Africa, the Judge President of that Division and the Premier of the
province concerned, or an alternate designated by each of them.
[Para. (k) substituted by s. 2(a) of the Constitution Second Amendment Act of 1998, by s. 16(b) of the
Constitution Sixth Amendment Act of 2001 and by s. 10 of the Constitution Seventeenth Amendment
Act of 2012.]
(2)
(3)
If the number of persons nominated from within the advocates’ or attorneys’
profession in terms of subsection (1)(e) or (f) equals the number of vacancies to
be filled, the President must appoint them. If the number of persons nominated
exceeds the number of vacancies to be filled, the President, after consulting the
relevant profession, must appoint sufficient of the nominees to fill the vacancies,
taking into account the need to ensure that those appointed represent the
profession as a whole.
Members of the Commission designated by the National Council of Provinces serve
until they are replaced together, or until any vacancy occurs in their number. Other
members who were designated or nominated to the Commission serve until they
are replaced by those who designated or nominated them.
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