| (1) | Any person may lodge a complaint about a judge with the Chairperson of the Committee: Provided that the Chairperson may refer the complaint to the Deputy Chief Justice to deal with in terms of the provisions of the Act, and the Deputy Chief Justice assumes the role of the chairperson in respect of that complaint. |
[Section 14(1) substituted by section 21 of Act No. 42 of 2013]
| (2) | When a complaint is lodged with the Chairperson in terms of subsection (1), the Chairperson must deal with the complaint in accordance with section 15, 16 or 17, but in the event of a complaint falling within the parameters of section 15, the Chairperson may designate a Head of Court to deal with the complaint, unless the complaint is against the Head of Court. |
| (a) | based on one or more of the grounds referred to in subsection (4); and |
| (b) | lodged by means of an affidavit or affirmed statement, specifying— |
| (i) | the nature of the complaint; and |
| (ii) | the facts on which the complaint is based. |
| (4) | The grounds upon which any complaint against a judge may be lodged, are any one or more of the following: |
| (a) | Incapacity giving rise to a judge's inability to perform the functions of judicial office in accordance with prevailing standards, or gross incompetence, or gross misconduct, as envisaged in section 177(1)(a) of the Constitution; |
| (b) | Any wilful or grossly negligent breach of the Code of judicial Conduct referred to in section 12, including any failure to comply with any regulation referred to in section 13(5); |
| (c) | Accepting, holding or performing any office of profit or receiving any fees, emoluments or remuneration or allowances in contravention of section 11; |
| (d) | Any wilful or grossly negligent failure to comply with any remedial step, contemplated in section 17(8), imposed in terms of this Act; and |
| (e) | Any other wilful or grossly negligent conduct, other than conduct contemplated in paragraph (a) to (d), that is incompatible with or unbecoming the holding of judicial office, including any conduct that is prejudicial to the independence, impartiality, dignity, accessibility, efficiency or effectiveness of the courts. |
[Section 14 inserted by section 9 of Act No. 20 of 2008]
