JUDICIAL SERVICE COMMISSION ACT 9 OF 1994
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JUDICIAL SERVICE COMMISSION ACT 9 OF 1994
CODE OF JUDICIAL CONDUCT ADOPTED IN TERMS OF SECTION 12 OF THE ACT
Published under Government Notice R865 in Government Gazette 35802 of 18 October 2012.
PREAMBLE
Whereas-
1) the supremacy of the Constitution, the rule of law, and the rights and freedoms enshrined in the Bill of Rights
are the foundation of the democracy established by the Constitution;
2) section 165(1) of the Constitution provides that the judicial authority of the Republic vests in the courts;
3) section 165(2) of the Constitution provides that the courts are independent and subject only to the Constitution
and the law, which they must apply without fear, favour or prejudice;
4) section 174(8) of the Constitution provides that before judicial officers begin to perform their functions, they
must take an oath, or affirm, in accordance with paragraph 6(1) of Schedule 2, that they “will uphold and protect
the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without
fear, favour or prejudice, in accordance with the Constitution and the law.”;
5) section 180(b) of the Constitution provides that national legislation may provide for any matter concerning the
administration of justice that is not dealt with in the Constitution, including procedures for dealing with
complaints about judicial officers;
6) the Judicial Service Commission Act, 1994 (Act No. 9 of 1994) (hereinafter referred to as the Act), seeks to
maintain and promote the independence of the office of judge and judiciary as a whole, while at the same time
acknowledging that it is necessary to create an appropriate and effective balance between protecting the
independence and dignity of the judiciary when considering complaints about, and the possible removal from
office of, judges as defined in section 7(1)(g) of the Act, and the overriding principles of openness, transparency
and accountability that permeate the Constitution and that are equally applicable to judicial institutions and
officers;
7) it is necessary for public acceptance of its authority and integrity in order to fulfil its constitutional obligations
that the judiciary should conform to ethical standards that are internationally generally accepted, more
particularly as set out in the Bangalore Principles of Judicial Conduct (2001) as revised at the Hague (2002);
8) Part II of Chapter 2 of the Act provides the legal framework for judicial conduct which judicial officers in South
Africa must adhere to, and Part III and IV of Chapter 2 of the Act, particularly sections 14, 15, 16, 17, 18, 19 and
20 specify mechanisms, structures and procedures to be applied if a judge acts in a manner unbecoming a judge
in respect of any of the five grounds spelt out in section 14(4) of the Act;
9) section 12 of the Act provides that the Chief Justice, acting in consultation with the Minister, must compile and