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

Chapter 3 : Judicial Conduct Tribunals

Part 1 : Introductory Provisions

21. Appointment of Tribunal

 

(1) The Chief Justice must appoint a Judicial Conduct Tribunal, whenever requested to do so by the Commission.

 

(2) The Chief Justice must, after consultation with the Minister, designate a place in the Republic as the seat of each Tribunal established in terms of this Act, but a Tribunal may sit at any place for the purpose of a hearing or of deliberating.

 

(3) Before appointing any judge to a Tribunal, the Chief Justice must consult with the head of the court on which that judge serves.

 

(4) Upon appointing a Tribunal, the Chief Justice must give written notice of the composition, terms of reference, and seat of the Tribunal, and the date by which the Tribunal is to commence proceedings, to—
(a) the members of the Tribunal
(b) the Minister;
(c) the respondent: and
(d) the complainant.

 

(5) The Chief Justice—
(a) must delegate the functions assigned to the Chief Justice in terms of this Part or section 10(2) to the Deputy Chief Justice, if the Chief Justice—
(i) is the respondent; or—
(ii) is personally implicated in the allegations against a judicial officer; and
(b) may delegate any of the functions assigned to the Chief Justice in terms of this Part or section 29(2) to the Deputy Chief Justice, in any other case.

 

[Section 21 inserted by section 9 of Act No. 20 of 2008]