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

Regulations

Code of Judicial Conduct for Judges

Article 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.