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

Regulations

Code of Judicial Conduct for Judges

Article 17 : Judges discharged from active service

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(1)In terms of section 11(2) of the Act, a judge who has been discharged from active service may only with the written consent of the Minister, acting after consultation with the Chief Justice, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration or allowances apart from his or her salary and any other amount which may be payable to him or her in his or her capacity as judge.

 

(2)A judge who is no longer on active service or liable to be called upon to perform judicial duties (herein referred to as a retired judge) shall always act honourably and in a manner befitting his or her status.

 

(3)All activities of a judge no longer on active service must be compatible with his or her status as a retired judge.

 

(4)A judge discharged from active service must not—
(a)accept any appointment that is likely to affect or be seen to affect the independence of the judiciary, or which could undermine the separation of powers or the status of the judiciary and must not receive any income incompatible with judicial office;
(b)act as an advocate, attorney or legal adviser; and
(c)be involved in any undertaking, business, fundraising, or other activity that is incompatible with the status of a judge.

 

Notes:

 

Note 17(i):A retired judge may accept an appropriate appointment as a judge, whether as judge in another jurisdiction, or as an arbitrator or mediator, in professional or semi-professional disciplinary matters and the like.

 

Note 17(ii):A retired judge must not sit as a director of a public company.

 

Note 17(iii):A retired judge must not become a member of a professional partnership or body corporate.

 

Note 17(iv):A retired judge must not enter party politics.