Judicial Service Commission Act, 1994 (Act No. 9 of 1994)RegulationsCode of Judicial Conduct for JudgesArticle 13 : Recusal |
A judge must recuse him- or herself from a case if there is a—
| (a) | real or reasonably perceived conflict of interest; or |
| (b) | reasonable suspicion of bias based upon objective facts, |
and shall not recuse him- or herself on insubstantial grounds.
Notes:
| Note 13(i): | Recusal is a matter regulated by the constitutional fair trial requirement, the common law and case law. |
| Note 13(ii): | A judge hears and decides cases allocated to him or her, unless disqualified there from. Sensitivity, distaste for the litigation or annoyance at the suggestion to recuse him- or herself are not grounds for recusal. |
| Note 13(iii): | A judge's ruling on an application for recusal and the reasons for the ruling must be stated in open court. A judge must, unless there are exceptional circumstances, gives reasons for the decision. |
| Note 13(iv): | If a judge is of the view that there are no grounds for recusal but believes that there are facts which, if known to a party, might result in an application for recusal, such facts must be made known timeously to the parties, either by informing counsel in chambers or in open court, and the parties are to be given adequate time to consider the matter. |
| Note 13(v): | Whether a judge ought to recuse him- or herself is a matter to be decided by the judge concerned and a judge ought not to defer to the opinion of the parties or their legal representatives. |