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

Chapter 2 : Oversight over Judicial Conduct and Accountability of Judicial Officer

Part I : Establishment and objects of Committee

8. Establishment and composition of Judicial Conduct Committee

 

(1) The Commission has a Judicial Conduct Committee, comprising—
(a) the Chief Justice, who is the Chairperson of the Committee;
(b) the Deputy Chief Justice; and
(c) four judges, at least two of whom must be women, designated by the Chief Justice in consultation with the Minister, for the period determined at the time of such designation, provided that such period may not exceed two years.

 

(2) Any judge designated in terms of subsection (1)(c) may be reappointed once for a period not exceeding two years, but may not serve as such a member for more than four years in total.

 

(3) The Chairperson may, either generally or in a specific case, delegate any of his or her powers or functions as Chairperson of the Committee to an acting Chairperson as provided for in section 9(4).

[Subsection 3 substituted by section 19 of Act No. 42 of 2013]

 

(4) When considering a complaint relating to the conduct of a judge who is a member of the Committee, the Committee must sit without that member.

 

(5) The first designations in terms of subsection (1)(c) must be made within one month of this section coming into operation.

 

(6) Any vacancy which may arise in respect of a designation in terms of subsection 1(c) must immediately be filled for the remaining period of such designation in the manner prescribed in this section.

 

[Section 8 inserted by section 9 of Act No. 20 of 2008]