Consumer Affairs Reports
R 385
Judicial Service Commission Act, 1994 (Act No. 9 of 1994)RegulationsCode of Judicial Conduct for JudgesArticle 8 : Transparency |
A judge must—
| (a) | take reasonable steps to enhance the accessibility of the courts and to improve public understanding of judicial proceedings; and |
| (b) | unless special circumstances require otherwise— |
| (i) | conduct judicial proceedings; and |
| (ii) | make known his or her decisions and supporting reasoning, |
in open court.
Notes:
| Note 8(i): | The legitimacy of the judiciary depends on the public understanding of and confidence in the judicial process. |
| Note 8(ii): | The function of the judiciary fails if its proceedings are not understood. |
| Note 8(iii): | Judges are conscious of the desirability of complying with the spirit of the requirement that proceedings should take place in open court. |
| Note 8(iv): | A judge avoids unnecessary discussion in chambers (i.e. with the legal representatives in the absence of the parties) of matters that may be relevant to the merits of the case. |
| Note 8(v): | If what has happened in chambers has any effect on the proceedings, those facts are to be placed on record in open court. |
