Court : South Africa Supreme Court of Appeal
..... without needing to venture any further into historical matters s 1(2) of the public service and pensions act 29 of 1912 provided expressly that magistrates formed part of the public service. ..... section 12(6), which provides that the salary of a magistrate shall not be reduced except by act of parliament, was taken over from s 28 of the 1984 act and had counterparts in all earlier statutes governing the public service. ..... [27] see s 22 of the public service act 54 of 1957; s 14 of the public service act 27 of 1923 and s 71 of the public service and pensions act 29 of 1912. ..... magistrates are also members of the same pension fund and medical scheme as members of the public service. ..... [14] by the magistrates amendment act 35 of 1996. ..... immediately upon his appointment as a magistrate in randburg he lodged a claim for payment of a relocation allowance in terms of regulations 23(1)(g) and (h) of the regulations. ..... it would, for example, have been open to mr reinecke to apply for an interdict restraining mr booi from implementing his decision to remove him from relief work and to prevent the removal of the allowance or any deductions being made from his salary by way of recoupment of past payments of the allowance. ..... that was manifestly inappropriate as was demonstrated when questions were posed in the course of the appeal about the validity of the allowances for contingencies. .....
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