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Judicial Service Commission Act, 1994 (Act No. 9 of 1994)

Chapter 2 : Oversight over Judicial Conduct and Accountability of Judicial Officer

Part III : Consideration of complaints by Committee

15. Lesser complaints may be summarily dismissed

 

(1)        

(a) If the Chairperson or the Head of Court designated in terms of section 14(2) is of the view that the complaint falls within the parameters of the grounds set out in subsection (2), he or she must dismiss the complaint.
(b) If the Head of Court designated in terms of section 14(2) is of the view that the complaint should not be dismissed under paragraph (a). he or she must refer the complaint to the Chairperson to be dealt with in terms of section 16 or 17.

 

(2) A complaint must be dismissed if it—
(a) does not fall within the parameters of any of the grounds set out in section 14(4);
(b) does not comply substantially with the provisions of section 14(3);
(c) is solely related to the merits of a judgment or order;
(d) is frivolous or lacking in substance; or
(e) is hypothetical.

 

(3) If a complaint is dismissed in terms of subsection (1) by a Head of Court, that Head of Court must inform the Chairperson in writing of that dismissal and the reasons therefore.

 

(4) f a complaint is dismissed in terms of subsection (1), the Chairperson must inform the complainant in writing of—
(a) the reasons for the dismissal; and
(b) the right to appeal to the Committee against that dismissal in terms of subsection (5).

 

(5) A complainant who is dissatisfied with a decision to dismiss a complaint in terms of subsection (1) may, within one month after receiving notice of that decision, appeal to the Committee in writing against that decision, specifying the grounds for the appeal.

 

[Section 15 inserted by section 9 of Act No. 20 of 2008]