Department of Justice and Constitutional Development
The justice and constitutional development department has published amendments to the regulations for judicial officers in the lower courts in the Government Gazette.
The regulations are published in terms of the Magistrates Act of 1993.
Three types of leave for magistrates are added to the regulations:
• Maternity leave
• Adoption leave
• Family responsibility leave
Magistrates now qualify for a maximum of four consecutive month’s maternity leave with full pay.
No magistrate may return to work until at least four weeks after giving birth unless the go-ahead from a medical practitioner is obtained.
Adoption leave will be granted to a magistrate who adopts a child under two years of age.
The leave can extend for 84 days from the day that the child takes up residence in the magistrate’s house.
Magistrates will also now be able to qualify for three working days leave a year for family responsibility.
The family responsibility leave applies in situations where:
• The magistrate’s spouse or partner gives birth
• The magistrate’s spouse or partner adopts a child younger than two years old
• The magistrate’s child, spouse or partner is sick
The leave can be extended to five days in event of the death of a family member.
Schedule E to the regulations is also amended.
It deals with the conditions under which a magistrate may allow court proceedings to be televised, broadcast, taped or photographed.
A decision must be made after:
• Hearing argument for and against the application
• Taking into account the rights of all parties
• Considering the need to promote the administration of justice
• Concluding that it is in the public interest to do so
Sabinet Cape Town Office
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