Regulation Gazette No. 6102

Vol. 392 - PRETORIA, 20 FEBRUARY 1998 - NO. 18690

GOVERNMENT NOTICE

DEPARTMENT OF JUSTICE

No. R. 274 - 20 February 1998

MAGISTRATES ACT, 1993 (ACT No. 90 OF 1993)

AMENDMENT OF REGULATIONS

The Minister of Justice has, under section 16 of the Magistrates Act, 1993 (Act No. 90 of 1993), made the regulations in the Schedule.

SCHEDULE

Definitions

1. In this Schedule "the Regulations" means the regulations published by Government Notice No. R. 361 of 11 March 1994, as amended by Government Notices Nos. R. 644 of 1 April 1994, R. 1407 of 11 August 1994, R. 1808 of 17 October 1994, R. 1707 of 27 October 1994, R. 1791 of 17 November 1995, R. 72 of 26 January 1996, R. 331 of 1 March 1996, R. 957 of 7 June 1996, R.1178 of 19 July 1996, R. 1242 of 2 August 1996, R. 1340 of 12 August 1996, R. 1567 of 27 September 1996, R. 1627 of 1 October 1996, R. 178 of 7 February 1997, R. 421 of 20 March 1997 and Ft. 1081 of 8 August 1997.

Amendment of regulation 23 of the Regulations

2. Regulation 23 of the Regulations is hereby amended by the substitution for paragraph (9) of subregulation(1) of the following paragraph:

''(g) A non-recurrent amount for each school-going child to expenditure on school books, uniforms, school sports outfits and other necessities, which shall be in accordance with the allowance as prescribed from time to time for the Public Service.".

Amendment of regulation 36 of the Regulations

3. Regulation 36 of the Regulations is hereby amended by the substitution in subregulation (2) for the word "rates" of the words "basis of calculation".

Amendment of regulation 48 of the Regulations

4. Regulation 48 of the Regulations is hereby amended by the substitution for paragraph (d) of the following paragraph:

"(d) may, if he is not in possession of a vehicle or motor vehicle referred to in paragraph (a), for the purposes of a forward and return journey to and from the place where he so renders service with the approval of his head of office, use private motor vehicle transport, in which case he shall be entitled to a transport allowance as prescribed from time to time for the Public Service.".

Amendment of regulation 49 of the Regulations

5. Regulation 49 of the Regulations is hereby amended by the substitution for paragraph (b) of subregulation (1 ) of the following paragraph:

"(b) is obliged to be absent from his head office for less than 24 hours, shall be entitled to the actual real expenses incurred if the necessary corroborative documents accompany the claim, or to the expenses as prescribed from time to time for the Public Service.".

Substitution of Schedule D to the Regulations

6. The following Schedule is hereby substituted for Schedule D to the Regulations:

"SCHEDULE D

BASIS OF CALCULATION FOR OVERTIME REMUNERATION
(Regulation 36)

1. A magistrate who performs official duty referred to in regulation 36 shall be paid overtime remuneration on the following basis:

(a) In respect of overtime duty performed on Sundays or during the night, that is the hours between 20:00 and 06:00, the overtime rate is 2 × T; and

(b) in respect of overtime duty performed at a time other than mentioned in (a) above, the rate 4/3 × T, where T is calculated as follows:

and A is equal to the salary notch of the magistrate concerned, and B is equal to the weekly number of hours of attendance prescribed for magistrates.

2. Remuneration in respect of overtime duty is calculated by multiplying the total number of hours (including portions of an hour expressed as a fraction) overtime duty performed with the applicable basis of calculation.

3. For the purpose of the calculation of the applicable overtime rate, a magistrate's annual pensionable salary notch at the time of the performance of the overtime duty is used, and any under or overpayment of overtime remuneration as a result of an adjustment of his or her salary shall be rectified retrospectively.".