Judicial Service Commission Act, 1994 (Act No. 9 of 1994)

Regulations

Disclosure of Registrable Interests

3. Disclosure of registrable interests

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(1)A judge referred to in regulation 2(1) must disclose particulars of all his or her registrable interests on a form which corresponds substantially with Form 1 of Annexure B, and must lodge that disclosure with the Registrar. A judge in active service must also disclose the registrable interests of his or her dependent children and may, in respect of other immediate family members, make such disclosures as to which they may consent.

 

(2)Subject to section 13(4) of the Act, a judge must lodge the first disclosure with the Registrar within 30 days of his or her appointment as a judge.

 

(3)The Registrar must enter the particulars of a disclosure by a judge in the Register and must cause a copy of all entries relating to that judge, to be delivered to the judge. All entries relating to the registrable interests of a family member of a judge must be made in the confidential part of the Register.

 

(4)A judge referred to in subregulation (1) may at any time make disclosures to the Registrar, or inform the Registrar of such amendments as may be required, but every such judge must, during March every year, inform the Registrar in writing whether the entries in the Register are an accurate reflection of that judges' registrable interests and, if applicable, make such further disclosures or amendments, as may be required.

 

(5)If the Registrar becomes aware at any time of any information relating to the interests of a judge in active service, that may require material changes to the disclosures made by that judge, the Registrar must in writing inform the Head of Court of the judge of that information.

 

(6)If the Registrar has reason to believe that any judge—
(a)has failed or is failing to comply with a provision of these regulations; or
(b)may have disclosed incorrect or misleading information,

the Registrar must without delay invite that judge in writing to comply with the provision in question or to correct any information so disclosed.

 

(7)If, after a period of 30 days has lapsed after a judge received a written invitation in terms of subregulation (6), the Registrar still has reason to believe that the judge—
(a)has failed or is failing to comply with a provision of these regulations; or
(b)may have disclosed incorrect or misleading information,

the Registrar must without delay lodge a complaint against that judge in the manner contemplated in section 14(3) of the Act.