Conference
15 September 2007
"The biggest threat to the judiciary's independence could come from within
the judiciary itself by those who failed to uphold ethics," Deputy Chief
Justice Dikgang Moseneke said today.
Speaking at the opening of a two-day Magistrates' Conference in
Johannesburg, Moseneke, as well as Constitutional Court Judge, Albie Sachs,
called on those within the judiciary to uphold ethics.
The conference, the first of its kind, is looking at issues pertaining to
magistrates, ranging from their appointments, accountability, training
requirements, ethics, institutional governance and enhancing the efficiency of
the lower courts. Moseneke said that judges should always, and not only in the
discharge of official duties, act honourably and in a manner befitting judicial
office. "That implies that all activities of a judge must be compatible with
the status of a judicial office...a judge must comply with the law of the
land," he said.
While not pointing out any specific members of the judiciary, Moseneke said
that "with deep sadness we are constrained to admit that a few judicial
officers may have attracted the impression that complying with the law is
dispensable. It is, however, not right to imagine that one or perhaps two
swallows make a summer. The overwhelming majority of judicial officers
meticulously honour their oath to office."
Justice Albie Sachs said that courage was one of the important traits that
those in the judiciary needed to perform their duties. Part of courage, said
Sachs, involves pride â "not that we are better than others but here I talk of
pride in what we do. If all colleagues seem to be on the take we may wonder why
we should hold out. That comes from a lack of pride in one's profession. There
must be extreme pride in whatever you do."
Minister for Justice Brigitte Mabandla said what the conference needed to
explore was whether the magistracy in substance and form was truly transformed
from what it was during apartheid. "We need to ask whether there has been a
change of mindset within society and the magistracy itself. We need to ask
whether in reality the values enshrined in our constitution guide magistrates
in their daily work."
"Judicial decisions have a profound impact on society. Decisions that are
seen as unfair by citizens have a cumulative impact on making society loathe,
fear and distrust the bench as it was the case in the past." In the new South
Africa, she said, people look to the bench to give meaning to the Constitution.
"The judiciary, broadly speaking and the magistracy in particular because it is
the coalface of the delivery of justice, have the opportunity to entrench
progressive values of good citizenship. This opportunity should not be
squandered," she said.
The conference ends tomorrow (Sunday).
Enquiries:
Phumla Mthala
Tel: 012 357 8234
Cell: 079 528 4661
Issued by: Department of Justice and Constitutional Development
15 September 2007
