South Africa Act, 1909/1957-06-28

as amended by

Exchequer and Audit Act, No. 21 of 1911

Appellate Division Act, No. 12 of 1920

South Africa Act, 1909, Amendment Act, No. 9 of 1925

South Africa Act, 1909, Further Amendment Act, No. 34 of 1925

Local Government (Provincial Powers) Act, No. 1 of 1926

Electoral Act, 1918, Amendment Act, No. 11 of 1926

Criminal and Magistrates’ Courts Procedure (Amendment) Act, No. 39 of 1926

Payment of Members of Parliament Act, No. 51 of 1926

Administration of Justice (Further Amendment) Act, No. 11 of 1927

Rhodesia Appeals Act, No. 18 of 1931

South Africa Act Amendment Act, No. 17 of 1933

Financial Adjustments Act, No. 29 of 1933

South Africa Act Amendment Act, No. 45 of 1934

Status of the Union Act, No. 69 of 1934

Census Amendment Act, No. 5 of 1935

South Africa Act Amendment Act, No. 43 of 1935

General Law Amendment Act, No. 46 of 1935

Representation of Natives Act, No. 12 of 1936

Electoral Quota Act, No. 21 of 1937

South Africa Act Amendment Act, No. 13 of 1938

Constitution (Prevention of Disabilities) Act, No. 19 of 1940

Electoral Laws Amendment Act, No. 20 of 1940

Judges’ Act, No. 41 of 1941

Electoral Quota Consolidation Act, No. 30 of 1942

Financial Relations Consolidation and Amendment Act, No. 38 of 1945

Electoral Laws Amendment Act, No. 10 of 1946

South Africa Act Amendment Act, No. 21 of 1946

Provincial Powers Extension Act, No. 41 of 1947

Powers and Privileges of Provincial Councils Act, No. 16 of 1948

Criminal Procedure Amendment Act, No. 37 of 1948

Deputy-Administrators Act, No. 2 of 1949

Privy Council Appeals Act, No. 16 of 1950

South Africa Act Amendment Act, No. 39 of 1950

South Africa Act Amendment Act, No. 66 of 1951

General Law Amendment Act, No. 32 of 1952

Electoral Laws Amendment Act, No. 55 of 1952

Bantu Education Act, No. 47 of 1953

South Africa Act Amendment Act, No. 20 of 1954

South Africa Act Amendment Act, No. 9 of 1955

Appellate Division Quorum Act, No. 27 of 1955

Senate Act, No. 53 of 1955

General Law Amendment Act, No. 62 of 1955

South Africa Act Amendment Act, No. 9 of 1956

Railways and Harbours Acts Further Amendment Act, No. 39 of 1956

General Law Amendment Act, No. 50 of 1956

South Africa Act Further Amendment Act, No. 1 of 1957

South Africa Act Amendment Act, No. 2 of 1957

General Law Amendment Act, No. 68 of 1957

97. (1) Whenever it is for any reason expedient that a person be appointed to act as a judge of any division of the Supreme Court of South Africa in the place of any judge of that division or in addition to the judges of that division or in any vacancy that division, the Governor-General may appoint some fit and proper person so to act either during his pleasure or for a specified period.

(2) The Minister of Justice may in the circumstances mentioned in sub-section (1) appoint some fit and proper person to act as provided in that sub-section for a period not exceeding one month.

(3) No person other than a judge or former judge of the said Supreme Court shall be appointed to act as the Chief Justice of South Africa or as a judge of appeal.

(4) Any appointment made under sub-section (1) or (2) shall be deemed to have been made also in respect of any period during which the person appointed is necessarily engaged in connection with the disposal of any proceedings in which he took part and which have not been finally disposed of at the termination of the period for which he was appointed or, having been disposed of either before or after such termination, are subsequently reopened.

100. (1) The Chief Justice of South Africa, the judges of appeal, and all other judges of the Supreme Court of South Africa to be appointed after the establishment of the Union, shall be appointed by the Governor-General-in-Council, and shall receive such remuneration as Parliament shall prescribe, and their remuneration shall not be diminished during their continuance in office.

(2) If any person appointed under section ninety-seven to act as a judge, is appointed as a judge under sub-section (1) of this section before the termination of his appointment so to act, the appointment may be made with retrospective effect from a date not earlier than the date with effect from which he was appointed so to act.