Question NW925 to the Minister of Justice and Correctional Services
23 April 2018 - NW925
Madisha, Mr WM to ask the Minister of Justice and Correctional Services
Whether he has been informed that Advocate (details furnished) continues to serve as the Interim Board Chairperson of the Passenger Rail Agency of South Africa (Prasa) after being appointed as a Judge of the High Court; if not, what is the position in this regard; if so, what are the relevant details; (2) Whether he has found that Advocate (details furnished) service on the Interim Board of Prasa constitutes a breach of the Judicial Code of Conduct?
Reply:
1. I have been advised that the Judge was appointed as the Chairperson of the Interim Board of the Passenger Rail Agency of South Africa (PRASA) in October 2017 prior to her appointment by the then President of the Republic of South Africa as a Judge of the Gauteng Division of the High Court. Her appointment as a Judge was effective from 01 January 2018 but due to her position as the Chairperson of the Interim Board of PRASA, the Judge did not assume her position as a Judge of the Gauteng Division of the High Court. She requested the Judge President of the Gauteng Division of the High Court, to request me to approach the President with a request that her appointment date be deferred to 1 April 2018. Whilst she was the Chairperson of the Interim Board of PRASA, the Judge never sat nor carried any judicial functions. I have been informed that she has subsequently resigned as Chairperson of the Interim PRASA Board with effect from 16 March 2018.
2. It is not within my purview to determine whether a conduct of a Judge constitutes a breach of the Code of Judicial Conduct. The responsibility to determine whether a Judge has committed a breach of the Code of Judicial Conduct is vested upon the Judicial Conduct Committee established in terms of section 8 of the Judicial Service Commission Act, 1994 (Act no 9 of 1994) (JSC Act). Additionally, Article 2 of that Code of Judicial Conduct is clear as it provides that ‘any wilful or gross negligent breach of the Code is a ground upon which a complaint against a Judge may be lodged in terms of section 14(4)(b) of the JSC Act’. This simply means that if any determination has to be made about the conduct of the Judge, a complaint that complies with the provisions of section 14 of the JSC Act, must first be lodged with the Judicial Conduct Committee setting out the grounds upon which the complaint is based. There is currently no complaint lodged with the Judicial Conduct Committee about Judge’s conduct.