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

Regulations

Code of Judicial Conduct for Judges

Article 3 : Objects and Interpretation

 

(1) The object of this Code is to assist every judge in dealing with ethical and professional issues, and to inform the public about the judicial ethos of the Republic.

 

(2)        This Code must—

(a) be applied consistently with the Constitution and the law as embodied in the common law, statute, and precedent, having due regard to the relevant circumstances;
(b) not be interpreted as impinging on the constitutionally guaranteed independence of the judiciary or any judge or on the separation of powers; and
(c) not be interpreted as absolute, precise, or exhaustive. Conduct may therefore be unethical which, on a strict reading of this Code, may appear to be permitted and the converse also applies.

 

(3) Although international standards and those applied in comparable foreign jurisdictions may not be directly applicable, they do provide a useful source of reference for interpreting, understanding and applying this Code.

 

(4) Notes to Articles of this Code are for the purpose of elucidation, explanation and guidance with respect to the purpose and meaning of the Articles.