Complaints against judges and misconduct by judges is handled by the Judicial Service Commission (JSC).
Complaints against Judges who contravene the Code of Judicial Conduct must first be reported to the JSC Secretariat which is located within the Office of the Chief Justice. The Code of Judicial Conduct provides for the ethical and professional standards that are required of every Judge.
For serious complaints against judges that require further investigation the JSC will convene a Judicial Conduct Tribunal which consists of three judges assigned by the Chief Justice.
Removal of a judge
In terms of chapter 8 of the Constitution, section 177;
(1) A judge may be removed from office only if—
- (a) the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and
- (b) the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.
(2) The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed.
(3) The President, on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure in terms of subsection (1).
Judicial Complaints and Queries
If you have a complaint or query about a judge you must contact the Office of the Chief Justice directly. You can find out more about the judicial complaints process here: https://www.judiciary.org.za/index.php/complaints/judiciary-complaints
We would suggest that you write a formal letter of complaint and submit it to the Office of the Chief Justice.
We would suggest that you write a formal letter of complaint and submit it to the Magistrates Commission.