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South African Judicial Education Institute Act, No. 14 of 2008
[NOTE: The National Environmental Laws Amendment Act 2018_014_000_20090527 with same label year and Act number, was relabeled to Act 2009_014 by Act 2013_014_039_20130729 wef 2013/07/24]
EXPLANATION OF MARKS:[Non-bold grey text in square brackets] is text containing LegalB’s references or comments
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To establish a South African Judicial Education Institute in order to promote the independence, impartiality, dignity, accessibility and effectiveness of the courts by providing judicial education for judicial officers; to provide for the administration and management of the affairs of that Institute and for the regulation of its activities; and to provide for matters connected therewith.
[Act 2008_014_020_20080917 Long title unamended wef 2009/01/23 ito GG20090122_31811]
SINCE the need for education and training of judicial officers, whether aspirant, newly appointed or experienced, has long been recognised and that principle is practiced and entrenched in most judicial systems around the world;
AND SINCE there is a need for the education and training of judicial officers in a quest for enhanced service delivery and the rapid transformation of the judiciary;
AND SINCE the law has become much more complex and varied, develops rapidly and is increasingly influenced by the globalisation of legal systems, trade, technology, new insights and challenges;
AND SINCE education and training of judicial officers are necessary to uphold judicial independence, on the one hand, and to facilitate judicial accountability, on the other, and both are indispensable requirements of a judiciary in a functioning democracy;
AND SINCE it is desirable that the education and training of judicial officers should primarily be directed and controlled by the judiciary;
AND SINCE section 180(a) of the Constitution provides that national legislation may provide for training programmes for judicial officers,
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:-
[Act 2008_014_020_20080917 Preamble unamended wef 2009/01/23 ito GG20090122_31811]
In this Act, unless the context indicates otherwise-
(i) "Constitution" means the Constitution of the Republic of South Africa, 1996;__________
(ii) "Council" means the Council of the Institute established by section 6;
(iii) "Department" means the Office of the Chief justice;
[...amended by Act 2015_024_016(b)_20160108]
(iv) "Director" means the Director appointed in terms of section 12(1);
(v) "Director-General" ...
[...deleted by Act 2015_024_016(a)_20160108]
(vi) "Institute" means the South African Judicial Education Institute established by section 3;
(vii) "Minister" means the Cabinet member responsible for the administration of justice;
(viii) "Office of the Chief Justice" means the Office of the Chief Justice, proclaimed as a national department in terms of Proclamation No. 44 of 2010 of 23 August 2010;
[...inserted by Act 2015_024_016(c)_20160108]
(ix) "Secretary-General" means the Secretary-General of the Office of the Chief Justice;
[...inserted by Act 2015_024_016(c)_20160108]
(x) "this Act" includes any guidelines issued under section 16.
[...label amended by Act 2015_024_016(d)_20160108 - was labeled "(viii)"]
[Act 2008_014_001_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
[Act 2008_014_001_20160108 amended by Act 2015_024_016_20160108 wef 2016/08/01 ito GG20160729_40176]
2. Objects of Act
The main objects of this Act are to establish a national education and training institution for the judiciary so as to enhance judicial accountability and the transformation of the judiciary, in order to promote the implementation of the values mentioned in section 1 of the Constitution, and for that purpose to-
(a) provide proper, appropriate and transformational judicial education and training, having due regard to both our inherited legacy and our new constitutional dispensation; and__________
(b) offer judicial education and training to aspiring and newly appointed judicial officers as well as continued training for experienced judicial officers.
[Act 2008_014_002_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
3. Establishment of Institute
There is hereby established a body to be known as the South African Judicial Education Institute, which-
(a) is a juristic person; and__________
(b) is responsible for the judicial education and training of judicial officers and aspiring judicial officers.
[Act 2008_014_003_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
4. Seat of Institute
The seat of the Institute is at a place to be determined by the Council with the concurrence of the Minister: Provided that the Institute may, with the approval of the Minister, also conduct its activities away from its seat.
[Act 2008_014_004_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
5. Functions of Institute
The functions of the Institute are-
(a) to establish, develop, maintain and provide judicial education and professional training for judicial officers;__________
(b) to provide entry level education and training for aspiring judicial officers to enhance their suitability for appointment to judicial office;
(c) to conduct research into judicial education and professional training and to liaise with other judicial education and professional training institutions persons and organisations in connection with the performance of its functions;
(d) to promote, through education and training, the quality and efficiency of services provided in the administration of justice in the Republic;
(e) to promote the independence, impartiality, dignity, accessibility and effectiveness of the courts; and
(f) to render such assistance to foreign judicial institutions and courts as may be agreed upon by the Council.
[Act 2008_014_005_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
6. Establishment of Council
There is hereby established a Council responsible for the governance of the Institute.
[Act 2008_014_006_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
7. Composition of Council
(1) The Council comprises the Chief Justice as chairperson, the Deputy Chief Justice as deputy chairperson and the following other members;
(a) The Minister or her or his nominee;(2) A member designated in terms of subsection (1)(b), (c), (e), (f), (g), (i), (j), (k), ( l) or (m) holds office as such a member for a period of five years, but such a member may be replaced-
(b) a judge of the Constitutional Court, designated by the Chief Justice after consultation with the judges of the Constitutional Court;
(c) a judge or any other person designated by the Judicial Service Commission from among its ranks;
(d) the President of the Supreme Court of Appeal;
(e) two judges president and two other judges, at least one of whom must be a woman, designated by the Chief Justice after consultation with the judges president;
(f) five magistrates, designated by the Magistrates Commission, and of whom-
(i) at least two must be women; and(g) a judge who has been discharged from active service as contemplated in the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), designated by the Chief Justice in consultation with the Minister;
(ii) two must be Regional Court Magistrates;
( h) the Director;
( i) one advocate designated by the General Council of the Bar of South Africa;
(j) one attorney designated by the Law Society of South Africa;
(k) two university teachers of law designated by the South African Law Deans Association;
( l) two other members who are not involved in the administration of justice, designated by the Minister after consultation with the Chief Justice; and
(m) one traditional leader designated by the National House of Traditional Leaders referred to in the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003).
(i) in the case of a member designated in terms of subsection (1)(c), (f), ( i), (j), (k), ( l) or (m) by the designating person or body on written notice to the Chief Justice; or
(ii) in the case of a member designated in terms of subsection (1)(b),(e) or (g) by the Chief Justice after consultation with the persons required to be consulted in respect of the designation in question.
(3) Any member referred to in subsection (2) whose term of office has expired, may be designated again.
(4) A vacancy in the membership of the Council does not affect the validity of the proceedings or the decisions of the Council.
(5) Due consideration must be given in the composition of the Council to demographic and gender representivity.
[Act 2008_014_007_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
8. Meetings of Council
(1) Meetings of the Council must be held at the times and places determined by the Chief Justice, but at least every six months.
(2) A majority of the members of the Council constitutes a quorum.
(3) If the Chief Justice is absent from a meeting, the Deputy Chief Justice must act as chairperson, and if both are absent, the members must elect one of their number to preside at that meeting.
(4) The Council may regulate the proceedings at its meetings as it considers fit and must keep minutes of the proceedings.
(a) Every member of the Council has one vote.__________
(b) In the event of an equality of votes the person presiding will have both a deliberative and a casting vote.
[Act 2008_014_008_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
9. Committees of Council
(1) The Council must establish standing committees to take responsibility for each of the following areas of the Institutes's activities:
(a) Curriculum planning and development;(2) The Council may further appoint-
(b) oversight of judicial education;
(c) budget and finance;
(d) personnel management; and
(e) general administration.
(a) an executive committee from its ranks, which must be chaired by the Deputy Chief Justice;(3)
(b) such further standing committee or other committee for a particular purpose as may become necessary ;
(a) The members of a standing or other committee may be members of the Council or may be co-opted for that purpose by the Council.(4) The Council-
(b) The majority of the members of any such committee must be members of the Council.
(a) is not divested of any function entrusted to any of its committees by virtue of subsection (1) or (2); and__________
(b) may set aside or vary any decision taken by such committee, subject to any rights that may have accrued to a person as a result of the decision.
[Act 2008_014_009_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
10. Powers and duties of Council
(1) The Council may do all that is necessary or expedient to achieve the objects of this Act.
(2) Without derogating from the generality of subsection (1) but subject to section 13, the Council-
(i) acquire and alienate movable and immovable property;(b) must-
(ii) hire and let movable and immovable property;
(i) oversee the appointment of temporary and permanent professional staff;
(ii) engage in research into matters affecting the Institute and its functions and engage suitably qualified persons or institutions to conduct such research on its behalf;
(iii) establish and maintain contact with the Judicial Service Commission, the Magistrates Commission, Heads of Courts, the organised legal profession, academics and other individuals and entities with an interest in judicial education.
[Act 2008_014_010_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
11. Administration of Institute
In order to perform its functions the Institute must, amongst other things-
(a) employ a Director as the administrative head of the Institute;__________
(b) employ academic staff and procure the services of suitably qualified judicial educators;
(c) employ such administrative staff as may be necessary; and
(d) enter into contracts with service providers and accept liability for the expenses incurred as a result of such services being rendered.
[Act 2008_014_011_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
12. Appointment of Director
(1) The Council must appoint a Director for a determined term and on such conditions as the Council may determine.
(2) The Council may re-appoint the Director at the end of the term.
(3) The Director, as the administrative head and chief executive officer of the Institute, is responsible for the general administration of the Institute, and must-
(a) manage and direct the activities of the Institute subject to the direction of the Council;(4) The Minister must, with the concurrence of the Council and after consultation with the Minister of Finance, determine the Director's remuneration, allowances, benefits and other terms and conditions of employment.
(b) appoint and supervise the administrative staff of the Institute; and
(c) provide quarterly management reports to the Secretary General.
[...amended by Act 2015_024_017_20160108]
[Act 2008_014_012_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
[Act 2008_014_012_20160108 amended by Act 2015_024_017_20160108 wef 2016/08/01 ito GG20160729_40176]
13. Finances and accountability
(1) Expenditure in connection with the administration and functioning of the Institute must be defrayed from monies appropriated by Parliament for this purpose.
(2) Monies appropriated by Parliament for this purpose-
(a) constitute earmarked funds on the Departmental vote; and(3) The Institute may receive funds from donations, contributions or gifts and from other sources approved by the Council in accordance with National Treasury regulations.
(b) may not be used by the Department for any other purpose unless the Council has been consulted and the National Treasury approves such use.
(4) Subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999) the [sic - sense] -
[...substituted by Act 2015_024_018_20160108 by way of unmarked omission and marked insertion]
(a) is charged with the responsibility of accounting for monies received or paid out for or on account of the administration and functioning of the Institute and for donations, contributions or gifts in accordance with National Treasury regulations; and(5) The Institute must utilise the donations, contributions or gifts to advance the objects of the Institute as contained in this Act or any other law.
(b) must cause the necessary accounting and other related records to be kept, which records must be audited by the Auditor-General.
(6) The financial year of the Institute is the period of 1 April in any year to 31 March in the following year, except that the first financial year of the Institute begins on the date on which this Act comes into operation, and ends on 31 March of the following year.
(7) The Institute may invest or deposit money that is not immediately required for contingencies or current expenditure-
(a) in a call account or short-term fixed deposit with any registered bank or financial institution in the Republic; or(8) Within six months after the end of each financial year, the Director must prepare financial statements in accordance with established accounting practice, principles and procedures, comprising-
(b) in an investment account with the Corporation for Public Deposits established by section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984).
(a) a statement, with suitable and sufficient particulars, reflecting the income and expenditure of the Institute during the preceding financial year; and(9) The Auditor-General must audit the financial statements of the Institute each year.
(b) a balance sheet showing the state of its assets, liabilities and financial position as at the end of that financial year.
[Act 2008_014_013_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
[Act 2008_014_013_20160108 amended by Act 2015_024_018_20160108 wef 2016/08/01 ito GG20160729_40176]
14. Remuneration of staff of Institute
The Council may, with the concurrence of the Minister who must consult with the Minister of Finance, determine the remuneration, allowances, benefits, and other terms and conditions of appointment of each member of staff.
[Act 2008_014_014_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
15. Annual report
(1) The Council must prepare and submit to the Minister an annual report in the form prescribed by the Minister within six months after the end of the Institutes's financial year.
(2) The annual report referred to in subsection (1) must include the following documents:
(a) The audited financial statements prepared in terms of this Act;(3) The Minister must table in Parliament each annual report submitted in terms of this Act.
(b) the auditor's report prepared in terms of this Act;
(c) a report of the activities undertaken in terms of the Institutes's functions set out in this Act; and
(d) a statement of the progress made during the preceding year towards achieving the objects of this Act.
[Act 2008_014_015_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
The Chief Justice may issue guidelines, with the concurrence of the Minister, in respect of any matter concerning the exercise of any power and the performance of any function of the Institute.
[Act 2008_014_016_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
17. Reimbursement of members of Council
(1) No member of the Council, other than the members referred to in section 7(1)( l), may be remunerated for her or his services on the Council.
(2) Members may be reimbursed for their reasonable expenses incurred in the course of their service as members of the Council.
[Act 2008_014_017_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
18. Seal of Institute
(1) The seal of the Institute must be determined by the Council with the concurrence of the Minister.
(2) The President must approve the seal of the Institute.
(3) The seal of the Institute must be published in the Gazette on approval by the President.
[Act 2008_014_018_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
19. Transitional provisions
(1) The Institute must commence with its training functions as from a dale fixed by the Minister by notice in the Gazette.
(2) Before the date so fixed, the necessary arrangements must be made for the Institute to be accommodated, equipped and staffed in order to perform its functions properly.
[Act 2008_014_019_20080917 unamended wef 2009/01/23 ito GG20090122_31811]
20. Short title and commencement
This Act is called the South African Judicial Education Institute Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette.
[Act 2008_014_020_20080917 unamended wef 2009/01/23 ito GG20090122_31811]