Contingency Fees Act, 1997
R 385.00
Judicial Service Commission Act, 1994 (Act No. 9 of 1994)RegulationsCode of Judicial Conduct for JudgesArticle 14 : Extra-judicial activities of judges on active service |
| (1) | A judge's judicial duties take precedence over all other duties and activities, statutory or otherwise. |
| (2) | A judge may be involved in extra-judicial activities, including those embodied in their rights as citizens, if such activities— |
| (a) | are not incompatible with the confidence in, or the impartiality or the independence of the judge; or |
| (b) | do not affect or are not perceived to affect the judge's availability to deal attentively and within a reasonable time with his or her judicial obligations. |
| (3) | A judge must not— |
| (a) | accept any appointment that is inconsistent with or which is likely to be seen to be inconsistent with an independent judiciary, or that could undermine the separation of powers or the status of the judiciary; |
| (b) | act as an advocate, attorney, or legal adviser but may give informal legal advice to family members, friends, charitable organisations and the like without compensation; |
| (c) | become involved in any undertaking, business, fundraising or other activity that affects the status, independence or impartiality of the judge or is incompatible with the judicial office; |
| (d) | engage in financial and business dealings that may reasonably be perceived to exploit the judge's judicial position or are incompatible with the judicial office; and |
| (e) | sit as a private arbitrator. |
| (4) | A judge may— |
| (a) | act as a trustee of a family or public benefit trust but is not entitled to receive any remuneration for such services; |
| (b) | be a director of a private family company or member of a close corporation but if the company or close corporation conducts business the judge many not perform an executive function; and |
| (c) | be a director of a non-profit company. |
Notes:
| Note 14(i): | A judge conducts extra-judicial activities in a manner which minimises the risk of conflict with judicial obligations. These activities may not impinge on the judge's availability to perform any judicial obligations. |
| Note 14(ii): | While judges should be available to use their judicial skill and impartiality to further the public interest, they must respect the separation of powers and the independence of the judiciary when considering a request to perform non-judicial functions for or on behalf of the State, or when performing such function. |
| Note 14(iii): | Judges who are not on active service but are liable to be called upon to perform judicial duties must arrange their affairs so as to be reasonably available for such duties if called upon. |
| Note 14(iv): | Business or financial dealings with members of the legal professions are to be avoided. |
| Note 14(v): | Serving on university councils or governing bodies or boards of trustees of charitable institutions and the like is acceptable. |
