Judicial Service Act [Chapter 7:18] 27 Amendment of Acts The Act specified in each Part of the Schedule is amended to the extent set out in that Part. 28 Transitional provisions (1) In this section"transferred member" means a person who is transferred from the Public Service to the Judicial Service in terms of subsection (2). (2) Every person specified in section 3 who, immediately before the fixed date, was employed by the Public Service, shall be deemed to have been transferred to the Judicial Service, unless he or she opts out of employment with the Judicial Service(a) in writing to the Commission and the Public Service Commission within thirty days from the fixed date; (b) where the fixed date is fixed in terms of section 1(2) to be a date not earlier than fifty days after the date of promulgation of this Act, in writing to the Public Service no later than the thirtieth day before the fixed date. (3) Every transferred member shall, on the fixed date, be engaged for employment with the Judicial Service on terms and conditions not less favourable than those that were applicable to him or her immediately before his or her engagement. (4) All offices in the Public Service held by transferred persons shall from the fixed date, be transferred to the Judicial Service, and accordingly any person who refuses to be transferred to the Judicial Service in terms of subsection (2) shall be entitled to the terminal benefits upon resignation from, not abolition of, an office in the Public Service. SCHEDULE (Section 27) AMENDMENT OF ACTS PART I INTERPRETATION ACT [CHAPTER 1:01] In section 3 ("Definitions") (3) by the insertion in subsection (3) of the following definition"Judicial Service" means the Judicial Service referred to in the Judicial Service Act [Chapter 7:18]. PART II ADMINISTRATIVE COURT ACT [CHAPTER 7:01] In section 7 ("Appointment of Registrar and other officers of Court") (1) by the deletion of "Public Service Commission" and the substitution of "Judicial Service Commission". PART III CUSTOMARY LAW AND LOCAL COURTS ACT [CHAPTER 7:05] In section 14 ("Appointment of clerks of local courts") (2) by the insertion in subsection (2) after "Public Service" of ", or the Judicial Service". - 13 -

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