Motshidisi Mokwena
The Judicial Service Commission will discuss the new Disciplinary Draft Bill this week when it convenes to interview candidates for vacant judicial posts.
The proposed legislation aims to establish proper disciplinary procedures to deal with errant judges.
The bill, drafted by the Department of Justice, will allow the public to lodge complaints against judges.
Spokesperson for the department, Paul Setsetse, said on Monday that the Judicial Service Commission did not provide proper guidelines on how judges should be disciplined and what the public can do if there were complaints against a judge.
"The draft bill will provide guidelines on how the public should go about instituting complaints against judges, particularly for remarks regarded as offensive and unethical.
"It will also show which guidelines should be followed when
discipline is meted out," Setsetse said.
He added that the department saw the need for proper disciplinary measures to ensure judges' accountability to the public.
Jeremy Gauntlett, chairperson of the General Council of the Bar, said that he had not seen the draft document and that he would not be able to make an informed comment.
However, he said that measures are required to ensure that the judiciary is effective and judges are accountable.
"But at the same time there is a need for the judiciary to remain independent," Gauntlett said.
Meanwhile, interviews for judges' posts in various divisions started on Monday.
Of the 36 candidates to be interviewed, eight are women.
Interviews will be conducted for the appointment of three judges for the Cape Provincial division, for which five candidates applied.
The Competition Appeal Court has three vacancies for which seven candidates will be interviewed.
The commission is also planning to appoint a judge for the Labour Appeal Court. Only one candidate, Nigel Willis, applied for the post.
There are four vacancies in the Labour Court and five candidates will be interviewed for these positions.
The Transvaal Provincial division has four vacancies (eight candidates will be interviewed), while four candidates will be interviewed for two positions at the Bophuthatswana division.
Two candidates will also be interviewed for the judge president position in Transkei.
Interviews will also be conducted for the position of judge president of the Northern Cape division and two vacancies on the Natal Provincial division.
Also, two Cape High Court judges, Dennis Davis and Selwyn Selikowitz, have applied for positions in the Competition Appeal Court.
The following judicial candidates will be interviewed this week:
Justice Thomas Dante Cloete, Justice Dennis Davis, Justice Hermanus Flemming, Justice Mbuyiseli Madlanga, Justice Lucy Mailula and Justice Selwyn Selikowitz, for three vacancies on the Competition Appeal Court.
Justice Martinus Steenkamp, the only candidate for the Northern Cape division.
Justice Cecil Somyalo, also the only candidate for the Judge President on the Eastern Cape Bench.
Ingrid de Villiers, advocate Mahomed Jajbhay, Alan Roycroft and Basheer Wagley for the four vacancies in the Labour Court.
Brian Jali, advocate Shyam Gyanda, advocate Gerald Josman, advocate Derek Mitchell and Belinda van Heerden for three positions on the Cape Provincial division.
Isaac Mkhize, advocate Chihanlal Patel and advocate Valerie Theron, for two vacancies on the Natal division.
Advocate Christopher Jafta, the only candidate for the Transkei division.
Advocate Lebotsang Bosiela, advocate Mashangu Leeuw,
advocate Baaitse Nkabinde and advocate Birgit Viegde for two vacancies in the Bophuthatswana division.