Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Judicial Service Commission Act, 1994 (Act No. 9 of 1994)RegulationsCode of Judicial Conduct for JudgesArticle 16 : Reporting inappropriate conduct |
| (1) | A judge with clear and reliable evidence of serious professional misconduct or gross incompetence on the part of a legal practitioner or public prosecutor must inform the relevant professional body or a Director of Public Prosecutions of such misconduct or professional incompetence. |
| (2) | Before commenting adversely on the conduct of a particular practitioner or prosecutor in a judgment, the judge must give that person the opportunity to deal with the allegation. |
| (3) | A judge who reasonably believes that a colleague has been acting in a manner which is unbecoming of judicial office must raise the matter with that colleague or with the head of the court concerned. |
Notes:
| Note 16(i): | The judge must usually await the conclusion of the proceedings before informing the relevant professional body or a Director of Public Prosecutions of such misconduct or professional incompetence. |
| Note 16(ii): | The reference to the appropriate authority is to be made in a neutral fashion and may not be judgmental. |
