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Related documents
- Is amended by Judicial Service Commission Amendment Act, 2008
- Is amended by Judicial Matters Amendment Act, 2013
- Is amended by Judicial Matters Amendment Act, 2015
South Africa
Judicial Service Commission Act, 1994
Act 9 of 1994
- Published in Government Gazette 15850 on 13 July 1994
- Assented to on 5 July 1994
- Commenced on 13 July 1994
- [This is the version of this document from 1 August 2016.]
- [Amended by Judicial Service Commission Amendment Act, 2008 (Act 20 of 2008) on 1 June 2010]
- [Amended by Judicial Matters Amendment Act, 2013 (Act 42 of 2013) on 22 January 2014]
- [Amended by Judicial Matters Amendment Act, 2015 (Act 24 of 2015) on 1 August 2016]
Chapter 1
Administrative provisions
[Chapter 1 inserted by section 2 of Act 20 of 2008]1. Definitions
In this Act, unless the context otherwise indicates—"Chairperson" means the Chief Justice;"Commission" means the Judicial Service Commission established by section 178 of the Constitution;"complainant" means a person who lodged a complaint against a judge in terms of section 14;"Minister" means the Cabinet member responsible for the administration of justice;"prescribed" means as prescribed in terms of a regulation made under section 35;"respondent" means a judge against whom a complaint was lodged in terms of section 14, or who is the subject of an allegation referred to a Tribunal in terms of this Act;"this Act" includes the Code of Judicial Conduct contemplated in section 12 and any regulations made under section 35; and"Tribunal" means a Tribunal appointed in terms of section 21.[section 1 substituted by section 3 of Act 20 of 2008]2. Acting Chairperson and vacancies
3. Remuneration and expenses of members of Commission
4. ***
[section 4 repealed by section 6 of Act 20 of 2008]5. Publication of procedure of Commission
The Minister must by notice in the Gazette, make known the particulars of the procedure, including subsequent amendments, which the Commission has determined in terms of section 178(6) of the Constitution.[section 5 substituted by section 7 of Act 20 of 2008]6. Annual report
Chapter 2
Oversight over judicial conduct and accountability of judicial officers
[Chapter 2 inserted by section 9 of Act 20 of 2008]Part I – Establishment and objects of Committee
[Part I inserted by section 9 of Act 20 of 2008]7. Definitions and interpretation
8. Establishment and composition of Judicial Conduct Committee
9. Meetings of Committee
10. Objects of Committee
Part II – Judicial conduct
[Part II inserted by section 9 of Act 20 of 2008]11. Judge not to hold other office of profit or receive payment for any service
12. Code of Judicial Conduct
13. Disclosure of registrable interests
Part III – Consideration of complaints by Committee
[Part III inserted by section 9 of Act 20 of 2008]14. Lodging of complaints
15. Lesser complaints may be summarily dismissed
16. Committee may recommend appointment of Tribunal in respect of impeachable complaints
17. Inquiry into serious, non-impeachable complaints by Chairperson or member of Committee
18. Consideration of appeal by Committee
Part IV – Request to appoint Tribunal and consideration of Tribunal report by Commission
[Part IV inserted by section 9 of Act 20 of 2008]19. Commission to request appointment of Tribunal
20. Commission to consider report and make findings
Chapter 3
Judicial Conduct Tribunals
[Chapter 3 inserted by section 9 of Act 20 of 2008]Part 1 – Introductory provisions
[Part 1 inserted by section 9 of Act 20 of 2008]21. Appointment of Tribunal
22. Composition of Tribunal
23. Non-judicial members of Tribunals
24. Tribunal investigative and administrative support
25. Rules and procedure
Part 2 – Hearings of Tribunal
[Part 2 inserted by section 9 of Act 20 of 2008]26. Objects and nature of Tribunal
27. Hearing to begin and be concluded without unreasonable delay
28. Involvement of judicial officer whose conduct is subject of hearing
29. Attendance at hearing and disclosure of evidence
30. Tribunal may subpoena witnesses
A Tribunal may subpoena any person to appear before it in person at a hearing and—31. Evidence to be given under oath or affirmation
32. Evidence disclosing offence
If the Tribunal is of the opinion that evidence before the Tribunal discloses the commission of an offence by the respondent, the Tribunal President must notify the National Director of Public Prosecutions accordingly during or after the hearing and cause a copy of the record or the relevant part of the record in question to be submitted to the National Director of Public Prosecutions.[section 32 inserted by section 9 of Act 20 of 2008]33. Findings and report
Part 3 – Offences relating to Tribunals
[Part 3 inserted by section 9 of Act 20 of 2008]34. Offences
Chapter 4
Miscellaneous provisions
[Chapter 4 inserted by section 9 of Act 20 of 2008]35. Regulations
36. Finances and accountability
37. Secretariat of Commission
38. Protection of confidential information
39. Short title
This Act shall be called the Judicial Service Commission Act, 1994.[section 39, previously section 7, renumbered by section 9 of Act 20 of 2008]History of this document
01 August 2016 this version
Amended by
Judicial Matters Amendment Act, 2015
22 January 2014
01 June 2010
13 July 1994
05 July 1994
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Code of Judicial Conduct, 2012 | Government Notice R865 of 2012 |
Regulations relating to the Judicial Service Commission Act, 1994 | Government Notice R56 of 2014 |
Cited documents 3
Legislation 3
Documents citing this one 34
Gazette 18
- North-West Provincial Gazette dated 1994-09-02 number 34
- North-West Provincial Gazette dated 2018-04-11 number 7868
- South Africa Government Gazette Regulation Gazette dated 1996-02-02 number 16952
- South Africa Government Gazette Regulation Gazette dated 1997-06-13 number 18059
- South Africa Government Gazette Regulation Gazette dated 2002-04-05 number 23277
- South Africa Government Gazette Regulation Gazette dated 2003-03-27 number 24596
- South Africa Government Gazette Regulation Gazette dated 2012-10-18 number 35802
- South Africa Government Gazette Regulation Gazette dated 2012-12-07 number 35954
- South Africa Government Gazette Regulation Gazette dated 2013-11-22 number 37055
- South Africa Government Gazette Regulation Gazette dated 2014-01-29 number 37272
- South Africa Government Gazette Regulation Gazette dated 2014-01-29 number 37273
- South Africa Government Gazette dated 1998-10-28 number 19403
- South Africa Government Gazette dated 2008-10-27 number 31540
- South Africa Government Gazette dated 2012-10-11 number 35788
- South Africa Government Gazette dated 2014-01-22 number 37254
- South Africa Government Gazette dated 2014-02-28 number 37390
- South Africa Government Gazette dated 2016-01-08 number 39587
- South Africa Government Gazette dated 2018-03-29 number 41547
Judgment 14
- De Lacy and Another v South African Post Office [2011] ZACC 17 (24 May 2011)
- Do it All Renovators CC v Kapp (A3066/2021) [2023] ZAGPJHC 548 (23 May 2023)
- Freedom Under Law v Judicial Service Commission and Another (550/2022) [2023] ZASCA 103 (22 June 2023)
- Helen Suzman Foundation v Judicial Service Commission [2018] ZACC 8 (24 April 2018)
- Helen Suzman Foundation v Judicial Service Commission and Others (145 of 2015) [2016] ZASCA 161 (2 November 2016)
- Hlophe v Judicial Service Commission and Others (43482/2021) [2022] ZAGPJHC 276 (5 May 2022)
- Hlophe v Judicial Service Commission and Others (43482/21) [2022] ZAGPJHC 908 (5 May 2022)
- IMATU and Another v City of Matlosana Local Municipality N.O. and Another (J 620/14) [2014] ZALCJHB 134 (10 April 2014)
- Judicial Service Commission and Another v Cape Bar Council and Another (818/2011) [2012] ZASCA 115 (14 September 2012)
- Justice Alliance of South Africa v President of Republic of South Africa and Others, Freedom Under Law v President of Republic of South Africa and Others, Centre for Applied Legal Studies and Another v President of Republic of South Africa and Others [2011] ZACC 23 (29 July 2011)
- Nkabinde and Another v Judicial Service Commission and Others (20857/2014) [2016] ZASCA 12 (10 March 2016)
- Premier of the Western Cape Province v Acting Chairperson: Judicial Service Commission and Others (25467/2009) [2010] ZAWCHC 80 (31 March 2010)
- Seriti and Another v Judiciary Service Commission and Others (32193/2023) [2023] ZAGPJHC 303 (14 April 2023)
- Speaker of National Assembly v Public Protector and Others ; Democratic Alliance v Public Protector and Others [2022] ZACC 1 (4 February 2022)