PRESS STATEMENT BY THE MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT, DR PENUELL MADUNA, ON THE PROPOSED JUDICIAL COMPLAINTS COMMITTEE BILL

The Ministry for Justice and Constitutional Development, has noted recent media statements attributed to some Judges of our High Courts regarding the draft Bill dealing with "complain mechanism against Judges".

The Ministry strongly refute the statements that the draft Bill would provide for a "tribunal to pass judgments on rulings and sentences by Judges".The Bill is currently being circulated amongst members of the judiciary with a view to get their comments which will then be considered by the Judicial Services Commission.

The Ministry therefore, wishes to clarify the objectives of the Bill.

In terms of section 180(b) of the Constitution, national legislation may be passed to provide for any matter concerning the administration of Justice not dealt with by the Constitution, including procedures for dealing with complaints about judicial officers.

At present no such legislation exists. Other than the provisions of the Constitution, in terms of which a Judge may be removed from office if the Judicial Service Commission finds that he or she suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct, there are no provisions pertaining to-

• a complaints mechanism for the public or any interested parties regarding the conduct of a Judge;
• the procedure to be followed in following up a complaint against a Judge; or
• steps which may be taken against a Judge where his or her misconduct does not justify removal from office.

The draft Judicial Matter's Amendment Bill contains certain proposals regarding the establishment of such a complaints mechanism within the Judicial Service Commission. It should be emphasized that-

• the decision to investigate and to draft proposals regarding such a mechanism emanated from within the Judicial Service Commission, as long ago as 1997;
• the draft Bill is in an early stage of consideration by the Judicial Service Commission;
• the Judicial Service Commission has appointed a committee from its own ranks to consider these proposals and to make a submission to the Commission for consideration, taking into account the legislation of various other countries regarding this matter.

Only after these steps have been followed, will the Judicial Service Commission make a formal recommendation to the Government as to the possible introduction of legislation into Parliament. If such introduction is approved by Cabinet, the legislative process will take its normal course, including the comprehensive consultation process which takes place under Parliament's Justice Port-Folio Committee.

It should further be emphasized that the draft legislation will in no way interfere with the functioning of the courts. The Constitution guarantees the independence of the courts. The Government cannot interfere with the courts in the exercise of their judicial functions and does not desire to do so as they must remain independent. Judicial acts (such as judgements and sentencing) will always be dealt with in terms of judicial procedures (e.g. review and appeal proceedings). The proposed legislation will only be dealing with complaints or allegations of misconduct leveled against Judges.

It is regrettable indeed that certain Judges choose to raise their concerns through the media and not with the Judicial Services Commission as required.

ISSUED BY PAUL SETSETSE :ON BEHALF OF DR MADUNA
Pretoria
06 DECEMBER 1999
cell: 0832524770