The judiciary must have the respect of the general public to enable it to perform its functions, Judge Meyer Joffe said on Wednesday.

"This respect cannot be imposed by force. It has to be earned and once earned it has to be jealously protected," Joffe said, delivering the third annual Helen Suzman memorial lecture in Johannesburg.

Speaking at the Gordon Institute for Business Science in Illovo, Joffe said that the respect was based on the "legitimacy" of the judiciary.

It earned this respect by virtue of performing its function of administering justice, which could not be done in secret.

"The proceedings in court must be open to public scrutiny. During the proceedings the presiding officer is placed under the spotlight and him/herself is on trial." This had "enormous potential benefit" for the judiciary.

"It should act as a deterrent to judiciary deviant behaviour in court." Public scrutiny should preclude "judicial rudeness, failure to painstakingly keep to court session times and the maintenance of judicial alertness.

"The public and professional scrutiny... [will] result in the courts maintaining the respect that they have hopefully earned." Joffe said "careful and correct" application of the law, criminal or civil, would enhance confidence in the courts.

The judge said that lack of bias and even-handedness in the hearing of a matter would equally result in courts retaining the respect of the general public.

Turning to judicial education, he said that its main objective was to "foster a high standard of judicial performance". It should be judicially controlled and free of government control.

"This is a minimum, non-negotiable requirement for judicial education." Joffe was recently appointed the first director of the South African Judicial Education Institute. He was "presently trying to establish the institute". It aimed to create "judicial excellence". For now it was dependent on the justice department for financial support.

The institute is run by a council. It includes the chief justice as chairman, the deputy chief justice, the minister of justice or his or her nominee, a Constitutional Court judge, the president of the supreme court of appeal, two judge presidents and two other judges designated by the chief justice.

This was a third annual lecture held in the honour of Helen Suzman, politician and anti-apartheid activist. She died in January 2009.