Code of Judicial Conduct: adoption

Ad Hoc Committee on Code of Judicial Conduct on Disclosure of Interests (NCOP)

28 August 2012
Chairperson: Mr A Matila (ANC; Gauteng)
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Meeting Summary

The Ad Hoc Committee on the Code of Judicial Conduct and Regulations on Judges’ Disclosure of Registrable Interests (National Council of Provinces) adopted the Code on Judicial Conduct as amended by the Committee’s counterparts in the National Assembly. The Committee also adopted the minutes of 5 June 2012 and raised concerns about the disastrous public hearings due to management errors in Parliament.

Meeting report

The Chairperson informed the Committee that earlier during the day the Ad Hoc Committee on the Code of Judicial Conduct from the National Assembly (NA) had adopted the Code of Judicial Conduct with amendments and the Committee would merely adopt the same Code considered in the NA.

Mr T Mofokeng (ANC; Free State) moved for the adoption of the Code as amended in Ad Hoc Committee on the Code of Judicial Conduct in the NA.

Mr T Beyleveldt (DA; Western Cape) seconded the proposal.

The Committee unanimously adopted the Code on Judicial Conduct as amended by the Ad Hoc Committee on the Code of Judicial Conduct in the NA.

Adoption of Minutes
5 June 2012
The Chairperson said that the Committee was actually adopting a report on the public hearings which were a disaster because of management errors within Parliament. In the minutes of 18 June 2012 the Committee had actually called for an investigation as this was not the first time that a Committee of Parliament had undergone such an experience.

Mr Beyleveldt agreed with the Chairperson and asked if presentations were made to Parliament specifically to the Ad Hoc Committee on the Code of Judicial Conduct from the NA. The concern from the one judge that the Committee had met was the declaration of interest as opposed to the Code.

The Chairperson said that when the Committee was still a Joint Committee with the NA Committee there were public hearings held in Parliament and the same judge also appeared present before both Committees. It was correct that there was no problem with the Code itself. There was a revised programme and it was planned that there would be further public hearings around the Regulations. There were serious questions raised by the judges and the legal fraternity as a whole about the Regulations.

The Chairperson enquired if the Committee could move for the adoption of the minutes.

Mr Mofokeng moved for the adoption of the minutes.

Mr Beyleveldt seconded.

Revised Programme
The Chairperson said that the majority of the Members of this Committee would not be around in September. This was why there was nothing set aside for September. Unless there were problems the Committee should move for the adoption of the Revised Programme.
Mr Mofokeng moved for the adoption of the Revised Programme.

Mr Beyleveldt seconded.

The meeting was adjourned.

Present

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