Call for JSC to be forced to act on Hlophe-like cases
Publish date: 20 July 2007
Issue Number: 1872
Diary: Legalbrief Today
Category: Corruption
The Judicial Service Commissions handling of the potential conflict of interest involving Western Cape Judge President John Hlophe and the Oasis Group which has still not been resolved more than 15 months after it first surfaced suggests the JSC may need to be forced to improve its oversight role and respond more decisively to allegations of unethical conduct, suggest Shameela Seedat and Judith February, of Idasas Political Information and Monitoring Service, in an article in Business Day.
They write: The potentially contaminating influence of money on the judicial process gives strong cause to reconsider whether and under which circumstances judges should have secondary interests in commercial companies. There is an urgent need for Parliament to pass legislation that clarifies the disciplinary procedure used by the JSC in cases of alleged misconduct. A legally binding code of conduct should replace the current informal one and should clarify the ethical behaviour expected from judges. It should include punitive measures for breach of these rules ranging from apology, temporary suspension to impeachment. They add that legislation should clarify the circumstances under which extrajudicial work is permissible and ensure written records are kept. The currently proposed financial disclosure requirement which includes submission of a periodic asset and income register should be introduced without further delay to help monitor conflicts of interest.\' Full article in Business Day
