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MEDIA RELEASE
MEETING OF CHIEF JUSTICES
FROM SOUTHERN AND
11 -
A meeting of the Southern African Judges Commission (the
Commission) was held in
The meeting had a dual purpose, firstly to discuss issues pertaining to the independence and accountability of the judiciaries in the southern and east African region, and secondly, to deal with the business of the annual general meeting of the Commission.
The Commission is an association of Chief Justices
established to facilitate, among other things, closer cooperation and liaison
among judges, in particular, the Chief Justices in the region. This was the
eighth meeting of the SAJC, the first having been held on 21 -
The Constitution of the Commission was signed by the
Chief Justices on
The former Chief Justice of South Africa, Justice Arthur Chaskalson and his wife Dr Lorraine Chaskalson attended the conference as the special guests of the Commission. A special dinner was held on the premises of the Supreme Court of Namibia to pay tribute to Justice Chaskalson for his outstanding contribution to the Commission, in particular, as the founding Chairperson of the Commission. Justice Chaskalson vacated office as the Chairperson following his retirement as Chief Justice of South Africa.
Justice Chaskalson’s successor as Chief Justice of South
Africa, Justice Pius Langa, was elected as Chairperson for the forthcoming year
and presided over the proceedings of the annual general meeting of the Commission. Justice Samatta, the Chief Justice of the
With regard to the Conference on the
1. The Southern African Judges Commission
reaffirmed the principle of the independence of the judiciary as indispensable
in the safeguarding of the Rule of Law, the protection of Human Rights and Good
Governance. Governments and heads of judiciaries are enjoined to promote and
protect this independence.
2. Governments are urged to do all in their power
to guarantee the institutional independence of the judiciary through the
institution and implementation of appropriate legislative and other measures. For
their part, members of the judiciary must not deviate from their commitment to
do justice to all with impartiality and without fear, favour or prejudice.
3. The Commission acknowledges the important role
of the media and freedom of expression as one of the pillars of democracy. In
the quest to inform the public of court decisions, accurate reporting is
essential and may be enhanced by appropriate consultation between the media and
the judiciary.
4.
Insisting
on judicial independence does not mean that judicial officers are not
accountable for the way they discharge their duties. Trials and other court
proceedings are held in open court to which the general public, including the
media, have access. Reasons must be given for decisions taken in such matters,
and those decisions are ordinarily subject to appeals to and reviews by higher
courts to ensure that all relevant issues have been taken into account and that
the proceedings have been conducted fairly.
1.
It was
stressed that accountability calls for more than this. Judicial officers must
perform their duties in accordance with the high ethical requirements of their
office, and that all who appear before them must be treated fairly and
courteously.
2.
It is
essential that there be mechanisms, including adequate complaints systems, for
ensuring that these standards are met. The Chief Justices urged those
jurisdictions that do not yet have adequate means for dealing with these to
adopt mechanisms for this purpose, including codes of conduct consistent with
international instruments such as the Latimer House Guidelines and the
Bangalore Principles.
Chief Justices and Judges expressed their deep
appreciation to the Secretary of the Venice Commission and commended the
Supreme Court of Namibia for convening the meeting of Chief Justices and Senior
Judges of the Southern African region. The participants expressed their deep
appreciation to the Chief Justice of the
This information is released on behalf of the Southern
African Judges Commission.
For further information please contact Ms. Ruth Makhambeni
on
+27-11-359-7537 or makhambeni@concourt.org.za