Question no.: 666
Ms M Smuts, Democratic Alliance (DA), to ask the Minister of Justice and Constitutional Development:
Whether the President has proclaimed a date for the commencement of the Judicial Service Commission Amendment Act, Act 20 of 2008; if not, what is the position in this regard; if so, (a) when and (b) what is the preferred date of commencement?
Reply
No, the President has not yet proclaimed a date for the commencement of the Judicial Service Commission Amendment Act, 2008 (Act No. 20 of 2008). In order for the Act to be implemented effectively the following should be in place:
(i) Guidelines to be developed by the Minister of Justice and Constitutional Development, acting after consultation with the Chief Justice, regarding the criteria to be applied by the Minister of Justice and Constitutional Development when considering the granting of consent to a judge who has been discharged from active service to hold or perform any other office of profit (section 11(3)
(b)
(ii) A Code of Judicial Conduct to be compiled by the Chief Justice, acting in consultation with the Minister of Justice and Constitutional Development (section 12(1).
(iii) Regulations to be made by the Minister of Justice and Constitutional Development, acting in consultation with the Chief Justice, regarding the content and management of the Register of Judges' Registrable Interests (section 13(5).
(iv) Rules to be made by the Chief Justice regulating the procedures before a Judicial Conduct Tribunal (section 25(1).
The Code of Judicial Conduct and the regulations regarding the Register of Judges' Registrable Interests must be tabled in Parliament within four months after the commencement of the Act, while the rules regulating the procedures before a Judicial Conduct Tribunal must be made within six months of the commencement of the section.
Consultation has commenced with regard to the Code of Judicial Conduct and the regulations pertaining to the Register of Judges' Registrable Interests. The Judges Conference held from 6 to 9 July 2009 considered some of the Minister’s views regarding the Code and the regulations. The Report of the Conference, which is expected soon, will contain the judicial input in this regard and these matters will be finalized soon after receipt of the Report.
(a) Falls away.
(b) Based on the need for consultation regarding the matters referred to above, it is envisaged that the Act will be put into operation during October or November 2009.
Issued by: Department of Justice and Constitutional Development
5 August 2009
