Judges’ Remuneration Act, 1990
Regulations relating to Conditions of Service of Judges, 2015
Proclamation 28 of 2015
- Published in Government Gazette 5834 on 23 September 2015
- Commenced on 23 September 2015
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
1. Definitions
In these regulations any word to which a meaning has been given in the Act has that meaning and, unless the context indicates otherwise-“actual service” includes-(a)every period of administrative recess;(b)every period of leave granted under regulation 3(1), but not leave referred to in regulations 2(3) and 3(2);(c)continuous service as acting judge immediately before assuming office as a judge in a permanent capacity;(d)uninterrupted service after termination of active service;“administrative recess” means every period falling outside the term of the court;“Chief Justice” means the Chief Justice of the Supreme Court;“court” means the High Court or the Supreme Court, as the case may be;“Deputy-Chief Justice” means the Deputy-Chief Justice of the Supreme Court;“effects” means the movable property of a judge and of his or her family normally applied to personal use, including not more than two motor vehicles, but excluding livestock, domestic animals and pets;“family” means the spouse in a civil marriage or a customary law union and any child or adopted child of a judge who is not self-supporting;“Head of Court”, in relation to the Supreme Court, means the Chief Justice and, in relation to the High Court, means the Judge-President;“judge”, in relation to regulations 2(1) and (3) and 11(2)(b) and (c), does not include an acting judge or an ad hoc judge of the Supreme Court appointed under Article 82(2), or an acting judge of the High Court appointed under Article 82(3) of the Namibian Constitution;“Judge-President” means the Judge-President of the High Court;“Judiciary” means the Supreme Court and the High Court referred to in Article 78(1)(a) and (b) of the Namibian Constitution respectively and the magistrates’ courts established under the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);“leave” means leave of absence on full pay unless expressly indicated otherwise;“legal practitioner” means a legal practitioner as defined in section 1 of the Legal Practitioners’ Act, 1995 (Act No. 15 of 1995);“Minister of Justice” includes a staff member of the Ministry of Justice acting on the authority of the Minister of Justice;“official duties” means duties as a judge when on active service;“official motor vehicle” means a motor vehicle owned by the State made available for use to a judge in accordance with regulation 7;“official residence” means a residence provided by the Government to a judge in terms of regulation 4;“Public Service Grading” means the grading assigned to posts in the public service in terms of the Public Service Act, 1995 (Act No. 13 of 1995);“registrar” means the registrar of the High Court or registrar of the Supreme Court, as the case may be, and includes an assistant registrar;“seat of the court” means the seat of the High Court or Supreme Court at Windhoek or, in the case of a judge of the High Court assigned for duties to a division of the High Court situated at another place in Namibia, the court at such place;“the Act” means the Judges’ Remuneration Act, 1990 (Act No. 18 of 1990); and“term”, in relation to a court, means the term for the holding of courts, determined-(a)in relation to the Supreme Court, under section 37(1)(a) of the Supreme Court Act, 1990 (Act No. 16 of 1990); and(b)in relation to the High Court, under section 39(2)( a) of the High Court Act, 1990 (Act No. 15 of 1990).2. Leave of absence
3. Sick-leave and special leave
4. Accommodation
5. Allowances
6. Safety and security
7. Official vehicles
8. Transport and travelling
9. Motor vehicle allowance scheme for judges
10. Drivers for judges
A judge is entitled to an official driver in the employ of the Judiciary or any other relevant office, ministry or agency of the State, to be the official chauffeur of the judge in the course of that judge’s official duties as well as for his or her private purposes.11. Transportation of effects
12. Professional support staff
13. Cellular phone and tablet or ipad
14. Former Chief Justice, Deputy-Chief Justice and judges
15. Conditions applicable to acting judges and ad hoc judges
In addition to the benefits applicable to acting judges and ad hoc judges in terms of these regulations, an acting judge or an ad hoc judge-History of this document
15 November 2017 this version
Consolidation
23 September 2015
Commenced
Cited documents 6
Act 6
1. | High Court Act, 1990 | 1126 citations |
2. | Magistrates' Courts Act, 1944 | 987 citations |
3. | Public Service Act, 1995 | 308 citations |
4. | Legal Practitioners Act, 1995 | 252 citations |
5. | Supreme Court Act, 1990 | 146 citations |
6. | Judges’ Remuneration Act, 1990 | 16 citations |