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The right to appeal exists for those dissatisfied with a judicial decision, but it is also possible for individual litigants to complain about the personal conduct of a judge. Read all the latest news on Judicial Conduct Tribunal. The Judicial Conduct Tribunal’s hearings on the complaint lodged by Justices of the Constitutional Court against Western Cape Judge President John Hlophe have started in Kempton Park, east of Johannesburg.. Hlophe is accused of trying to influence Constitutional Court judges in a case involving former president Jacob Zuma. The video below is reporting on the first day of the Judicial Conduct Tribunal: After numerous delays and 12 years later, the tribunal into Hlophe’s conduct is finally underway. The JCIO took over the responsibilities of the Office for Judicial Complaints (OJC) on the 1st October 2013. The Judicial Conduct Committee has recommended that Western Cape Judge Mushtak Parker face an impeachable conduct tribunal to investigate whether he … See: JCUS-APR 73, pp. Judicial Conduct Tribunal secretariat spokesperson Sello Chiloane said: “The tribunal, which is led by a retired judge of the Gauteng Division of the High Court, Judge Joop Labuschagne, as … Judicial conduct. The Judicial Conduct Tribunal ("Tribunal") appointed in terms of section 19 of the Judicial Service Commission Act, No. The Judicial Conduct (Tribunals) Rules 2014 Coming into force - - 18th August 2014 CONTENTS PART 1 General 1. The Judicial Conduct (Tribunals) Rules 2014 Supplementary Guidance Introduction The Judicial Discipline (Prescribed Procedures) Regulations 2014 set out the process for dealing with complaints about judicial conduct. "Tribunal" is used in the U.S. generally to refer to courts or judicial bodies, as in the ABA Model Rules of Professional Conduct. 9 of 1994 ("the JSC Act") hereby presents its report on its investigation of the complaints lodged with the Judicial The Judicial authority of the Republic of South Africa is vested in the courts. It is intended to offer assistance to judges, coroners and magistrates about their conduct. The Judicial Conduct Tribunal’s hearings on the complaint lodged by Justices of the Constitutional Court against Western Cape Judge President John Hlophe have started in Kempton Park, east of Johannesburg.. Hlophe is accused of trying to influence Constitutional Court judges in a case involving former president Jacob Zuma. This is another way in which individual judges are accountable. The Judicial Conduct Tribunal's probe into a 12-year-old complaint of judicial misconduct against Western Cape judge president John Hlophe has been postponed yet again. Racist conduct on the part of a Judge “strikes at the heart of judicial integrity and impartiality, particularly against the background of South Africa’s apartheid history,” said the tribunal. Welcome to the Judicial Conduct Investigations Office (JCIO). The Lord Chief Justice has the right to give a judge formal advice, a formal warning or a reprimand, or to suspend them from office in certain circumstances. All complaints are made, or referred, to the Judicial Complaints Investigations Office, which then assesses whether the complaint falls within the system. The Commission on Judicial Tenure and Discipline was created in 1974 to provide a forum for complaints against any judge or magistrate of the Supreme, Superior, Family, District, and Workers’ Compensation Courts, or the Rhode Island Traffic Tribunal. Complaints about the Conduct of Judicial Office Holders. Tribunals are generally closed to the public, although the Tribunal President may determine that all or part of the hearing can … The judge who is the subject of the complaint has a right to make submissions at every stage and, if he or she is not content with the decision, can refer the case to a Review Body. Official Media Statements; JCC to hear appeals Media statement; Judges Makhubele and Parker Media Statement; Opinions. Judge Motata cleared of impeachable conduct | News | National | M&G They are required to consider matters under the Judicial Discipline (Prescribed Procedures Regulations 2014, the Judicial Conduct (Tribunals) Rules 2014 and the guidance on the JCIO’s website. A tribunal comprises two judges and a non−judicial member taken from a list approved by the Chief Justice (and with the Justice Minister’s approval). Judges and the judgments they have made have increasingly become more central to politics in South Africa. Tribunals are generally closed to the public, although the Tribunal President may determine that all or part of the hearing can take place in public. The Code of Conduct for United States Judges was initially adopted by the Judicial Conference on April 5, 1973, and was known as the "Code of Judicial Conduct for United States Judges." About us. You can use the ombudsman if you are not happy with the way a complaint about a judge, magistrate, tribunal member or coroner was handled.. Complaints against magistrates, of whom there are about 30,000, follow a different course as they are considered by Advisory Committees of magistrates, which recommend the appropriate action to the Lord Chief Justice and the Lord Chancellor. They are required to consider matters under the Judicial Discipline (Prescribed Procedures Regulations 2014, the Judicial Conduct (Tribunals) Rules 2014 and the … Judicial Conduct Investigations Office Customer Self-Service Portal. The Judicial Conduct Tribunal ("Tribunal") appointed in terms of section 19 of the Judicial Service Commission Act, No. The fact that both have a role ensures that the independence of an individual judge is not improperly infringed, either by the executive, or internally by another more senior member of the judiciary. The first and only witness to testify before the Judicial Conduct Tribunal thus far is researcher and language expert, Langalibalele Mathenjwa. The Lord Chief Justice and the Lord Chancellor take complaints about the judiciary very seriously, and consider it important to maintain public confidence by ensuring such complaints are dealt with by an independent body. The Judicial authority of the Republic of South Africa is vested in the courts. Mr de Lange said that it did. How to make a complaint about the conduct of Judicial Office Holders. 1.All members of the Code of Conduct Tribunal should be judicial officers or legal practitioners. For more details on this procedure you can read the rules made in terms of Section 25(1) of the Judicial Service Commission Act, 1994 (Act No.9 of 1994), to regulate procedures before Judicial Conduct Tribunals. What is a Judicial Conduct Tribunal? The mode of appointment should be retained, … The Judicial Office is committed to ensuring digital accessibility for people with disabilities. (b) a tribunal member as defined in the Judicial Conduct (Tribunals) Rules 2014. A complaint must contain an allegation of misconduct. Our commitment to bringing transparency to the judicial appointments process in South Africa comes with considerable costs. Australia, Guide to Judicial Conduct (2002). The Judicial Conduct Committee on Friday recommended that a judicial conduct tribunal be established to investigate and report on allegations of assault by Western Cape Judge President John Hlophe. Media Statement - Judicial Conduct Tribunal Hearing December 2020 Media Statement - Judicial Conduct Tribunal Hearing December 2020 Follow the link to read more. Judicial Conduct Investigations Office Customer Self-Service Portal. He stated that the proposed amendments to Section 16(4)(b)(ii) of the Judicial Service Commission Amendment Bill dealt with the formal hearing, and referred to clauses 5-16 of this Bill. Complaints about judicial conduct are considered by a nominated judge, who will either make a recommendation straight away to the Lord Chief Justice and the Lord Chancellor, or refer the case to an investigating judge. In the video below, Casac discusses Judge President John … The Chair asked whether the Judicial Service Commission Amendment Bill referred to the Judicial Conduct Tribunal as well. The media is advised that the Judicial Conduct Tribunal (Tribunal) comprising of Judge Joop Labuschagne, a retired Judge of the Gauteng Division of the High Court, designated in terms of section 22(1)(a) of the Judicial Service Commission Act, 1994 as the Tribunal President, and Judge Tati Makgoka, a Judge of the Supreme Court of Hlophe Tribunal. Welcome to the Judicial Conduct Investigations Office (JCIO). 9-11 (pdf). To make a request to attend a Tribunal one can contact Mr Sello Chiloane, the Secretariat of the JSC on (010) 493 2687 or (010) 493 2633 or email; Chiloane@concourt.org.za. Western Cape Judge President John Hlophe’s Judicial Conduct Tribunal hearing will resume on Tuesday 15 December after a late-afternoon, last-minute request by his legal team. About us. The Judicial Conduct Committee on Friday recommended that a judicial conduct tribunal be established to investigate and report on allegations of assault by Western Cape Judge President John Hlophe. 6. The Lord Chief Justice and the Lord Chancellor are jointly responsible for considering and determining complaints about the personal conduct of all judges in England and Wales (and some judges who sit in Tribunals in Scotland and Northern Ireland). CAN THE PUBLIC ATTEND THE TRIBUNAL? The Judicial Conduct Committee (JCC) has recommended that complaints lodged by Western Cape deputy judge president Patricia Goliath against … The Office for Judicial Complaints (OJC) – now the Judicial Complaints Investigations Office – was set up on the 3rd April 2006, to handle these complaints and provide advice and assistance to the Lord Chief Justice and Lord Chancellor in their performance of this joint responsibility. More than half do not because they are complaints about judicial decisions rather than judicial conduct. The JCIO took over the responsibilities of the Office for Judicial Complaints (OJC) on the 1st October 2013. Ultimately a recommendation will be made to the Lord Chief Justice and Lord Chancellor, who will have to decide what action, if any, to take. The respondent is entitled to attend the tribunal‘s hearing and to have legal representation. The documents below detail the procedure for making a complaint about the conduct of Judicial Office Holders or the Lord Chief Justice. 9 of 1994 ("the JSC Act") hereby presents its report on its investigation of the complaints lodged with the Judicial Service Commission ("Commission") against Judge N J … Judicial Conduct Tribunals are meant to form part of the ongoing development of the system of holding judges accountable, not just through their judgments being appealed, but through their conduct being held up to scrutiny by their peers. 2 Courts and Tribunals Judiciary, Guide to Judicial Conduct (2018); Statement of Principles of Judicial Ethics for the Scottish Judiciary (revised December 2016); A Statement of Ethics for the Judiciary of Northern Ireland (2nd Revision 5 August 2011). (3) The Code of Judicial Conduct establishes standards for the ethical conduct of judges in mat-ters affecting the performance of their judicial duties and the fair and efficient operation of the courts or other tribunals on which they serve. Media Statement - Judicial Conduct Tribunal Hearing December 2020 Media Statement - Judicial Conduct Tribunal Hearing December 2020 Follow the link to read more. Keep up to date with the latest news, judgments & publications. In the video below, Casac discusses Judge President John … The judiciary, the government and the constitution, Judicial Diversity and Inclusion Strategy 2020/25, Lord Chief Justice: Judicial Equality and Diversity Statement, Pre-Application Judicial Education Programme (PAJE), Standing International Forum of Commercial Courts, Coronavirus (COVID-19) advice and guidance, The principles of judicial accountability, Judicial Press Office: COVID-19 arrangements. In cases where the judge’s conduct is seriously impugned, the relevant Head of Division or Presiding Judge will refer the matter to the Lord Chief Justice and Lord Chancellor. Judicial Conduct Tribunals are meant to form part of the ongoing development of the system of holding judges accountable, not just through their judgments being appealed, but through their conduct being held up to scrutiny by their peers. For a government minister to be involved in this way in judicial discipline may appear to strain the principle of judicial independence. "Tribunal" is used in the U.S. generally to refer to courts or judicial bodies, as in the ABA Model Rules of Professional Conduct. This Guide to Judicial Conduct has been fully revised. The tribunal enquires into the allegations and submits a report of its findings to the JSC. Since then, the Judicial Conference has made the following changes to the Code: The Judicial Conduct Tribunal has a tough task to prove that Western Cape Judge President John Hlophe had made an attempt to influence two Constitutional Court judges to … 7. Equally, making the responsibility for discipline a joint responsibility of the Lord Chief Justice and the Lord Chancellor ensures that the suspicion cannot arise that judges can be disciplined on political grounds: a further safeguard of judicial independence and the rule of law. The Judicial Conduct Tribunal ("Tribunal") appointed in terms of section 19 of the Judicial Service Commission Act, No. The Judicial Appointments and Conduct Ombudsman investigates the handling of complaints about the judicial conduct process. Where the Court of Appeal criticises a trial judge, the judgment is always sent to the judge concerned, and where there is any reason for concern about the conduct of the judge it is sent to another more senior judge, in the case of High Court Judges the head of that judge’s Division, and in the case of circuit judges to the Presiding Judge of that circuit. It is based on the principle that responsibility for deciding whether or not a particular activity or course of conduct is … If the Judicial Conduct Committee finds that the complaint requires further investigation it will recommend to the JSC that a Judicial Conduct Tribunal is established in order to properly deal with the matter. The Ombudsman can only look at whether or not the relevant first tier body investigated a complaint about judicial conduct properly of if there was any maladministration in the process. Conduct. We aim to continually improve the user experience for everyone, and apply the relevant accessibility standards. The media is advised that the Judicial Conduct Tribunal (Tribunal) comprising of Judge Joop Labuschagne, a retired Judge of the Gauteng Division of the High Court, designated in terms of section 22(1)(a) of the Judicial Service Commission Act, 1994 as the Tribunal President, and Judge Tati Makgoka, a Judge of the Supreme Court of Interpretation 3.–4. Although it is not intended as an exhaustive guide for the conduct of judges, who must be guided in The Judicial Conduct Committee on Friday recommended that a judicial conduct tribunal be established to investigate and report on allegations of assault by Western Cape Judge President John Hlophe. The Judicial Conduct Tribunal for Judge Motata was open to the media. 9 of 1994 ("the JSC Act") hereby presents its report on its investigation of the complaints lodged with the Judicial A complaint must be made to the Judicial Conduct Investigations Office. From time to time, if the Court of Appeal raises particular concerns, judges may be given advice and guidance, or training, or different workloads or types of workload by the responsible senior judiciary. However he does not act in an appeal capacity and cannot review or consider the original complaint about a judge’s conduct. The vital principle is, however, that none of these actions can be taken unless the Lord Chancellor and the Lord Chief Justice agree on it. Citation and commencement 2. Judges Matter focuses on the appointments process for judges providing insight into the Judicial Service Commission’s (JSC) structure and processes. Making a complaint about judicial misconduct 5. The right to appeal exists for those dissatisfied with a judicial decision, but it is also possible for individual litigants to complain about the personal conduct of a judge. There has been an uproar, outrage, etc., etc., in Nigeria since Saturday 12th2019, when it was revealed that the Chief Justice of Nigeria was to be charged before the Code of Conduct Tribunal … When the Judicial Service Commission (JSC) receives a complaint regarding a judge that it considers serious it will form a Judicial Conduct Committee to assess the complaint. The structure of the Magistrates Commission, Judge Goliath complaint against Judge Hlophe, Judges Makhubele and Parker Media Statement, rules made in terms of Section 25(1) of the Judicial Service Commission Act, 1994 (Act No.9 of 1994), to regulate procedures before Judicial Conduct Tribunals. judicial conduct tribunal Twelve years on, Judge Hlophe finally appears before a tribunal to determine if he tried to interfere in Zuma’s trial By Marianne Thamm • 8 December 2020 Help us ensure that the Judges Matter live stream of the JSC interviews continues. Opinions; Chief Justice; Judge Hlophe; JSC; Magistrates; Donate However, the procedure helps to dispel any suspicion that judges would not wish to take action against a fellow judge, and also provides a safeguard. Hlophe Tribunal 2020 livestream; Motata Tribunal; Judge Goliath complaint against Judge Hlophe. 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