Judicial Service Act [Chapter 7:18]
(a) the disciplinary rules to be observed in the Judicial Service including the precise
definition of those acts or omissions that constitute misconduct;
(b) the procedures to be followed in the case of any breach of the code;
(c) the penalties for any breach of the code, which may include oral or written warnings,
fines, reductions in pay for a specified period, suspension with or without pay or on
reduced pay, demotion and dismissal from employment;
(d) the person, committee or authority that shall be responsible for implementing and
enforcing the rules, procedures and penalties of the code;
(e) the notification to any person who is alleged to have breached the code that
proceedings are to be commenced against him or her in respect of the alleged breach;
(f) the right of a person referred to in paragraph (e) to be heard by the appropriate person,
committee or authority referred to in paragraph (d) before any decision in his or her
case is made;
(g) a written record or summary to be made of any proceedings or decisions taken in terms
of the code, which record or summary shall be made at the time such proceedings and
decisions are made.
18 Code of ethics
Service regulations may prescribe one or more Judicial Service codes of ethics providing
for(a) the requirement of strict impartiality of judicial officers when performing their duties;
(b) the requirement of judicial officers to discharge duties with propriety without being
influenced by(i) any partisan interest, or public clamour or fear;
(ii) family, personal, social, political or other interests;
(c) the requirement of judicial officers not to make any public comment that may affect or
may reasonably be construed to affect the outcome of any proceedings or impair their
fairness, or make any comment that might compromise a fair trial or hearing;
(d) the prohibition or limitation of gifts to judicial officers or to members of their families
residing with them that may influence or reasonably be construed to influence the
execution of the duties of judicial officers;
(e) the definition of any other corrupt practices or acts of improper behaviour on the part
of judicial officers.
19 Appeals to Labour Court
(1) Subject to the Constitution and any other enactment, any member or former member of
the Judicial Service who is aggrieved by(a) any decision reached; or
(b) any penalty imposed upon him or her; or
(c) both the decision reached and the penalty imposed upon him or her;
in respect of misconduct committed or alleged to have been committed by him or her may,
subject to this section, appeal against the decision or penalty to the Labour Court within thirty
days from the date of the decision or imposition of the penalty.
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