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

Regulations

Code of Judicial Conduct for Judges

Article 11 : Restraint
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(1)        A judge must—

(a)save in the discharge of judicial office, not comment publicly on the merits of any case pending before, or determined by, that judge or any other court;
(b)not enter into a public debate about a case irrespective of criticism levelled against the judge, the judgment, or any other aspect of the case;
(c)refrain from any action which may be construed as designed to stifle legitimate criticism of that or any other judge;
(d)not disclose or use non-public information acquired in a judicial capacity for any purpose unrelated to his or her judicial duties;
(e)avoid any personality issues with colleagues, lawyers and parties, and seeks to foster collegiality; and
(f)unless it is germane to judicial proceedings before the judge concerned, or to scholarly presentation that is made for the purpose of advancing the study of law, refrain from public criticism of another judge or branch of the judiciary.

 

(2)A judge may participate in public debate on matters pertaining to legal subjects, the judiciary, or the administration of justice, but does not express views in a manner which may undermine the standing and integrity of the judiciary.

 

(3)Formal deliberations as well as private consultations and debates among judges are and must remain confidential.

 

Notes:

 

Note 11(i):If it is necessary to comment on a judgment, the head of court must deal with the matter in order to protect the judiciary as a whole. If the head of court does not deal with the matter, the judge concerned may, under special circumstances, issue a statement in a reasoned and dignified manner, preferably in open court or through the registrar, to clarify the issue. These provisions do not prohibit academic debate of the legal issues that arose in a case.

 

Note 11(ii):Private consultations and debates between judges are necessary for the judiciary to perform its functions. However, these occasions may not be used to influence a judge as to how a particular case should be decided.

 

Note 11(iii):Personal criticism must be avoided unless it is necessary during the course of appeal proceedings.

 

Note 11(iv):Courtesy and collegiality towards colleagues are indispensable attributes of a judge.