Ad Hoc Committee on Code of Judical Conduct
The ad hoc committee on code of judicial conduct and the regulations on judges’ disclosure of interests has held public hearings on the proposed regulations on judges disclosure in Parliament.
The justice department first briefed the ad hoc committee on the draft code of judicial conduct at the beginning of 2011.
The code originated out of the UN Bangalore principles of judicial conduct. The principles were designed to help the executive, the legislature and the public to understand and support the judiciary.
The Judicial Service Commission Amendment Act of 2008 instructs the chief justice, in consultation with the minister of justice, to compile a code of conduct.
The code has to be approved by Parliament.
During the initial briefing, the department outlined the key principles that guide the code:
• Rule of law
• Independence, impartiality, dignity, accessibility and effectiveness of the judiciary
• Judicial accountability
• Equality before the law
• Access to justice
A key aspect of the code is judicial independence. Judges are not allowed to “heed to political parties, pressure groups and external influence” nor appear at “public hearings except on matters concerning the law, the legal system or administration of justice”.
Public hearings on the code were held in January last year.
The ad hoc committee then resumed its activities at the end of 2011.
In December, the ad hoc committee published the judiciary registrable interests draft regulations and judicial service commission draft regulations for public comment.
Section 13 of the Judicial Service Commission Act instructs the justice minister to appoint a registrar of judges’ registrable interests.
The registrar is expected to open and keep a register of judges’ registrable interests.
All judges would be expected to disclose their registrable interests as well as those of their immediate family members to the registrar.
According to the parliamentary monitoring group, the judiciary has adopted a position opposing the proposed regulations.
Concern has also been expressed at the proposal that members of the judiciary’s spouses and relatives must also declare their assets.
The draft regulations were described as being “irrational”.
The committee vowed to process the code and the regulations as quickly as possible as they were perceived as “urgent”.
Sabinet Cape Town Office
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