Judicial Service Act [Chapter 7:18]
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Delegation of functions
(1) Subject to the Constitution and any other enactment, for the better exercise of its
functions and in the interest of ensuring the greatest possible degree of devolution of decisionmaking consistent with good administration, the Commission may delegate decision-making
functions to the appropriate departments and sub-departments of the Judicial Service.
(2) The delegation of a function by the Commission in terms of subsection (1)(a) may be made subject to conditions; and
(b) may be amended or revoked at any time; and
(c) shall not preclude the Commission from exercising the function so delegated.
(3) Where the Commission has delegated a function in terms of subsection (1), any
conditions or limitations applicable to the exercise of that function by the Commission shall
apply to the exercise of the function by the person to whom it has been delegated.
PART III
ADMINISTRATION OF JUDICIAL SERVICE
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Departments and classification of members of Judicial Service
(1) Subject to the Constitution or any other enactment, the Judicial Service shall have such
departments and sub-departments as the Commission may establish from time to time, each
headed by an officer of such grade and designation as the Commission shall determine.
(2) For each department the Commission shall assign such members of the Judicial Service
as may be necessary to carryout the Commission's functions.
(3) Members of the Judicial Service shall be classified in such manner as may be
prescribed.
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Persons under contract
(1) Subject to the Constitution and any other enactment, the Commission may engage as
members of the Judicial Service persons under contract, on such conditions as may be
prescribed.
(2) There may be incorporated in the conditions referred to in subsection (1) such
provisions of any service regulations applicable to members of the Judicial Service not engaged
under contract as may be considered necessary or desirable in the light of the nature of the
contract.
(3) Upon the termination of a contract entered into in terms of subsection (1), the person
under contract shall cease to be a member of the Judicial Service, unless the contract is renewed
or he or she is appointed to the Judicial Service in some other capacity.
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Probationary period
(1) A member of the Judicial Service referred to in section 3(d), (f), (g) and (i) appointed
otherwise than under contract shall serve a probationary period of not less than six months and
not more than one year, as the Commission may prescribe or fix in relation to that member.
(2) The appointment of a member under subsection (1) shall be confirmed at the end of the
probationary period unless, at any time during the probationary period, the Commission
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