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South
Africa
NATIONAL LEGISLATION OVERVIEWS
Judicial Service Commission Act, No. 9 of 1994
NATIONAL LEGISLATION OVERVIEWS
Judicial Service Commission Act, No. 9 of 1994
Long
title
To regulate matters incidental to the establishment of the Judicial Service Commission by the Constitution of the Republic of South Africa, 1996; to establish the Judicial Conduct Committee to receive and deal with complaints about judges; to provide for a Code of Judicial Conduct which serves as the prevailing standard of judicial conduct which judges must adhere to; to provide for the establishment and maintenance of a register of judges' registrable interests; to provide for procedures for dealing with complaints about judges; to provide for the establishment of Judicial Conduct Tribunals to inquire into and report on allegations of incapacity, gross incompetence or gross misconduct against judges; and to provide for matters connected therewith.
Table of contents
Legislation Text Access Point
To regulate matters incidental to the establishment of the Judicial Service Commission by the Constitution of the Republic of South Africa, 1996; to establish the Judicial Conduct Committee to receive and deal with complaints about judges; to provide for a Code of Judicial Conduct which serves as the prevailing standard of judicial conduct which judges must adhere to; to provide for the establishment and maintenance of a register of judges' registrable interests; to provide for procedures for dealing with complaints about judges; to provide for the establishment of Judicial Conduct Tribunals to inquire into and report on allegations of incapacity, gross incompetence or gross misconduct against judges; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| PREAMBLE [...inserted by Act 2008_020_001_20081027] | |
| CHAPTER 1. ADMINISTRATIVE PROVISIONS | |
| 1. | Definitions
|
| 2. | Acting
Chairperson and vacancies [...Title amended by Act 2008_020_002_20081027 - was
entitled "Term
of office of certain members of Commission, designation of deputy
chairperson, and vacancies"] |
| 3. | Remuneration
and expenses of members of Commission |
| 4. | [...repealed
by Act 2008_020_006_20081027 - was entitled "Secretary
and staff of Commission"] |
| 5. | Publication
of procedure of Commission |
| 6. | Annual
report |
| CHAPTER 2. OVERSIGHT OVER JUDICIAL CONDUCT AND ACCOUNTABILITY OF JUDICIAL OFFICERS | |
| Part I. Establishment and objects of Committee [... Title inserted by Act 2008_020_009_20081027] | |
| 7. | Definitions and interpretations [... Title amended by Act 2008_020_009_20081027 - was entitled "Short title" - NOTE: See also Act 1994_009_039_29981027 below] |
| 8. | Establishment and composition of Judicial Conduct Committee [..inserted by Act 2008_020_009_20081027] |
| 9. | Meetings of Committee [..inserted by Act 2008_020_009_20081027] |
| 10. | Objects of Committee [..inserted by Act 2008_020_009_20081027] |
| Part II. Judicial conduct [... Title inserted by Act 2008_020_009_20081027] | |
| 11. | Judge not to hold other office of profit or receive payment for any service [..inserted by Act 2008_020_009] |
| 12. | Code of Judicial Conduct [..inserted by Act 2008_020_009_20081027] |
| 13. | Disclosure of registrable interests[..inserted by Act 2008_020_009_20081027] |
| Part III. Consideration of complaints by Committee [... Title inserted by Act 2008_020_009_20081027] | |
| 14. | Lodging of complaints [..inserted by Act 2008_020_009_20081027] |
| 15. | Lesser complaints may be summarily dismissed [..inserted by Act 2008_020_009_20081027] |
| 16. | Committee may recommend appointment of Tribunal in respect of impeachable complaints [..inserted by Act 2008_020_009_20081027] |
| 17. | Inquiry into serious, non-impeachable complaints by Chairperson or member of Committee [..inserted by Act 2008_020_009_20081027] |
| 18. | Consideration of appeal by Committee [..inserted by Act 2008_020_009_20081027] |
| Part IV. Request to appoint Tribunal and consideration of Tribunal report by Commission [... Title inserted by Act 2008_020_009_20081027] | |
| 19. | Commission to request appointment of Tribunal [..inserted by Act 2008_020_009_20081027] |
| 20. | Commission to consider report and make findings [..inserted by Act 2008_020_009_20081027] |
| CHAPTER 3. JUDICIAL CONDUCT TRIBUNALS [... Title inserted by Act 2008_020_009_20081027] | |
| Part 1. Introductory provisions [... Title inserted by Act 2008_020_009_20081027] | |
| 21. | Appointment of Tribunal [..inserted by Act 2008_020_009_20081027] |
| 22. | Composition of Tribunal [..inserted by Act 2008_020_009_20081027] |
| 23. | Non-judicial members of tribunals [..inserted by Act 2008_020_009_20081027] |
| 24. | Tribunal investigative and administrative support [..inserted by Act 2008_020_009_20081027] |
| 25. | Rules and procedure [..inserted by Act 2008_020_009_20081027] |
| Part 2. Hearings of Tribunal [... Title inserted by Act 2008_020_009_20081027] | |
| 26. | Objects and nature of Tribunal [..inserted by Act 2008_020_009_20081027] |
| 27. | Hearing to begin and be concluded without unreasonable delay [..inserted by Act 2008_020_009_20081027] |
| 28. | Involvement of judicial officer whose conduct is subject of hearing [..inserted by Act 2008_020_009_20081027] |
| 29. | Attendance at hearing and disclosure of evidence [..inserted by Act 2008_020_009_20081027] |
| 30. | Tribunal may subpoena witnesses [..inserted by Act 2008_020_009_20081027] |
| 31. | Evidence to be given under oath or affirmation [..inserted by Act 2008_020_009_20081027] |
| 32. | Evidence disclosing offence [..inserted by Act 2008_020_009_20081027] |
| 33. | Findings and report [..inserted by Act 2008_020_009_20081027] |
| Part 3. Offences relating to Tribunals [... Title inserted by Act 2008_020_009_20081027] | |
| 34. | Offences [..inserted by Act 2008_020_009_20081027] |
| CHAPTER 4. MISCELLANEOUS PROVISIONS [... Title inserted by Act 2008_020_009_20081027] | |
| 35. | Regulations [..inserted by Act 2008_020_009_20081027] |
| 36. | Finances and accountability [..inserted by Act 2008_020_009_20081027] |
| 37. | Secretariat of Commission [..inserted by Act 2008_020_009_20081027] |
| 38. | Protection of confidential information [..inserted by Act 2008_020_009_20081027] |
| 39. | Short title [...Title inserted by Act 2008_020_009_20081027 - NOTE See Act 1994_009_007 above, whcih was entitled "Short title" until amended by Act 2008_020_009_20081027] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1994_009_000_19940713 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2008_020_000_20081027 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_042_000_20140122 . | N/A | REQ.INFO | LINK |
| As amended by Act 2015_024_000_20160108 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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