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

Preamble

 

SINCE the Judicial Service Commission has been established by section 178(1) of the Constitution of the Republic of South Africa, 1996;

 

AND SINCE section 178(4) of the Constitution provides that the Judicial Service Commission has the powers and functions assigned to it in the Constitution and national legislation;

 

AND SINCE section 180 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;

 

AND SINCE section 177(1) of the Constitution provides that a judge may be removed from office only if—

(a) the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and
(b) the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members;

 

AND SINCE section 177(3) of the Constitution provides that the President, on the advice of the Judicial Service Commission may suspend a judge who is the subject of a procedure in terms of section 177(1);

 

AND SINCE 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, judicial officers, and the overriding principles of openness, transparency and accountability that permeate the Constitution and that are equally applicable to judicial institutions and officers;

 

AND SINCE it is necessary to create procedures, structures and mechanisms in terms of which—

• complaints against judges could be lodged and dealt with appropriately;
• allegations that any judge is suffering from an incapacity, is grossly incompetent or is guilty of gross misconduct could be investigated; and
• information can be placed before the Judicial Service Commission and Parliament in order to enable these institutions to make a finding whether a judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct.

 

[Preamble inserted by section 1 of Act No. 20 of 2008]