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

Regulations

Code of Judicial Conduct for Judges

Article 8 : Transparency
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A judge must—

(a)take reasonable steps to enhance the accessibility of the courts and to improve public understanding of judicial proceedings; and
(b)unless special circumstances require otherwise—
(i)conduct judicial proceedings; and
(ii)make known his or her decisions and supporting reasoning,

in open court.

 

Notes:

 

Note 8(i):The legitimacy of the judiciary depends on the public understanding of and confidence in the judicial process.

 

Note 8(ii):The function of the judiciary fails if its proceedings are not understood.

 

Note 8(iii):Judges are conscious of the desirability of complying with the spirit of the requirement that proceedings should take place in open court.

 

Note 8(iv):A judge avoids unnecessary discussion in chambers (i.e. with the legal representatives in the absence of the parties) of matters that may be relevant to the merits of the case.

 

Note 8(v):If what has happened in chambers has any effect on the proceedings, those facts are to be placed on record in open court.