Regulations on Judges Disclosure of Regisrable Interest: deliberations on way forward

Ad Hoc Committee on Code of Judicial Conduct and Regulations

02 May 2012
Chairperson: Mr J Sibanyoni (ANC)
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Meeting Summary

The Committee was informed that there had been no submissions to the advertisements calling for public submissions on the Regulations on Judges Disclosure of Regisrable Interest. The Chairperson announced that there was still an opportunity for members of the public to make submissions to the Ad Committee comprising Members of the National Council of Provinces.
The Committee took the decision that the Ad Hoc Committee comprising National Assembly Members would proceed with deliberations on the Code as well as the Regulations.

Meeting report

The Chairperson noted that the Committee was originally established as a Joint Committee and was comprised of Members from both the National Council of Provinces (NCOP) and the National Assembly (NA). However, a decision had been made to split the Joint Committee in order to expedite proceedings.

The Chairperson informed Members that adverts had been published calling for public submissions on the Regulations on Judges Disclosure of Regisrable Interest. There had been no submissions received. The proposal going forward was that the Ad Hoc Committee comprising NA Members would proceed with deliberations on the Code as well as the Regulations. Those who had not made submissions could still do so to the Ad Hoc Committee comprising NCOP Members. There would be public hearings on 23 May 2012 in Bloemfontein.

Mr N Koornhof (COPE) seconded the Chairperson’s proposal. Could the submission made before the old Committee be accepted as a submission and then copies could be made and distributed to the new Members.

Mr H Schmidt (DA) said that he also supported the proposal from the Chairperson. It was important to keep to the timetable of the Committee as there were urgent maters in the Judicial Service Commission that had to be finalised but were dependent on the processes in the Committee.

Mr J Van der Merwe (IFP) said that the matters presented by the judges were the following: it would be impossible to subject Acting Judges to the provisions; retired judges questioned why they should disclose and Judge Nugent had said that it would be impossible to subject relatives, spouses and family members to disclose their interests.

Ms D Schäfer (DA) said that she was not part of the original Committee and she supported the proposal by Mr Koornhof, could all Members have copies of the submission and then the merits could be discussed at a later stage.

Adv S Holomisa (ANC) asked if the Regulations were going to apply retrospectively.

The Chairperson said that this was a matter that the Committee would have to discuss moving forward. There was a programme of the Committee and the Committee Secretary would distribute it to Members.

Mr L Landers (ANC) asked if a meeting with a group of retired judges had been organised and what were the details.

The Chairperson said that the details of the meeting would be made available at the next meeting and the Committee Secretary would organise this with the Department of Justice and Constitutional Development (DoJ&CD) officials.
The Chairperson said that the Committee was not going to meet in the next two weeks but details of the next meeting would be made available.

Meeting Adjourned.

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