…issues code of conduct for judges
…they must now issue judgments within 90 days
Moorosi Tsiane
CHIEF Justice Sakoane Sakoane has answered the nation’s cries for more efficiency in the judiciary.
He has gazetted a new Code of Ethics regulating the manner in which judges are to conduct themselves.
Apart from outlining the principles that judges must conform to when performing their duties, they are now required to deliver judgements within three months after hearing cases.
The move comes as a relief to a nation that had become weary of judges that take long to issue full judgments, if at all. Even appeal court judges had complained they were being harm-strung by having to hear appeal cases without full written judgments from the High Court.
Chief Justice Sakoane’s 31 May 2024 gazette dubbed Code of Ethics for Judges 2024, which he penned in his capacity as chairman of the Judicial Service Commission (JSC), will cover both High Court and Court of Appeal judges.
He emphasizes that judges are the pinnacle of the administration of justice in the country and have a sacred constitutional duty which demands integrity, efficiency, and humility.
According to the new Code of Ethics, judges are expected to inform the heads of courts, either Justice Sakoane or Court of Appeal President, Justice Kananelo Mosito (for cases in the apex court), why they cannot deliver judgements within the prescribed time.
Justices Sakoane and Mosito may also issue practice notes reducing the prescribed timeframe of delivery of judgements whenever they deem fit.
“Where a judgement is reserved to be delivered on notice, the judge shall use his or her best efforts to ensure that such judgement is delivered within the next 90 days, except in unusual and exceptional circumstances, but no judgement shall be delivered later than 180 days (six months) from the date when it is reserved,” the Code states.
“Where a judge reserves judgement in any case and has reason to believe he or she will not be able to render judgement within the 90-day period, he or she shall inform the head of court or division (Sakoane or Mosito) of that fact and reasons thereof.
“Upon receiving the information, the head of court shall, with reasonable promptness, give such appropriate direction as will enable or assist the concerned judge to deliver judgement within 90 days from date of reservation or no later than 180 days thereafter.”
Furthermore, judges such as Justices ‘Maseforo Mahase and ‘Mabatšoeneng Hlaele will no longer be able to preside over cases involving the All Basotho Convention (ABC) because their spouses are staunch members of that political party. Even though the new Code does not mention them by name, it states clearly that judges should not preside over cases involving entities in which their close family members are involved to avoid creating impressions of bias.
Justice Hlaele is married to former ABC secretary general and its proportional representative member of parliament, Lebohang Hlaele, while Justice Mahase is married to ABC stalwart, Thabiso Mahase.
“Judges shall refrain from conduct such as membership in groups or organisations or participation in discussions which … would undermine confidence in a judge’s impartiality with respect to issue that could come before the courts. Judges should refrain from conduct that … could give rise to the appearance that the judge is engaged in political activity.
“Although members of a judge’s family have every right to be politically active, judges should recognise that such activities of close family members may, even if erroneously, adversely affect the public perception of a judge’s impartiality. In any case before the court in which there could reasonably be such a perception, the judge should not sit.”
This Code of Ethics is an endeavour to help judges uphold judicial standards and live up to societal expectations on the timely delivery of justice, Justice Sakoane said.
“A judge shall uphold the independence of the judiciary and the authority of the courts and shall, in keeping with his or her judicial oath, perform all duties without fear or favour. A Judge shall at all times exhibit and promote high standards of judicial conduct in order to foster public confidence, which is universally accepted as a fundamental ingredient to the maintenance of judicial independence. A Judge shall be faithful to and maintain professional competence in the law, and shall not be swayed by partisan interests, public clamour or fear of criticism,” reads parts of the Code.
It further states that judges should ensure that their conduct in and outside the court is above reproach in the view of reasonable, fair minded and informed persons. They should avoid being drawn into family, social, political, religious or other similar relationships which can influence their judicial conduct or judgement.
“A Judge shall avoid impropriety and the appearance of improper behaviour in all of his activities in and outside the court and shall avoid any conduct that may result in bringing the judiciary into disrepute.”
Judges are further warned against taking gifts or any other benefits in relation to their duties.
“No Judge, nor family member or associate of that judge shall solicit or accept any gift, bequest, loan or favour in relation to anything done or to be done or omitted to be done by the judge in connection with the performance of judicial duties.
“If during the course of judicial proceedings before a judge, the judge becomes aware that any of his or her family members or associates has received or accepted any gift, bequest, loan or favour from a party to those proceedings, then, whether or not such gift, bequest, loan or favour from a party to those proceedings…the judge shall at the earliest opportunity during those proceedings after he or she becomes so aware, require the party concerned to disclose that fact to the other party or parties to those proceedings.”
Judges should also be vigilant on the use of social media platforms and refrain from expressing their views on such platforms.
“Judges shall exercise caution and restraint in expressing their views in the context of the social media which may give the appearance of prejudice, bias or undue influence or may compromise the independence, impartiality, integrity, propriety, dignity, diligence or confidentiality of the judiciary. Judges should not underestimate the extent to which print, social or new media can influence them unsuspectingly to make “popular” decisions or refrain from making decisions that may garner public disapprobation,” the Code states.
The Code is expected to bring into line errant judges notorious for not doing their work.
In her letter to Prime Minister Sam Matekane challenging a bid to oust her from her post, Director of Public Prosecutions (DPP), Hlalefang Motinyane, highlighted the incompetence of judges who did not issue written judgments yet no action had ever been taken against them.
Appeal Court Judge, Moses Chinhengo, with the concurrence of his peers, issued a blistering judgment in June 2023, in which he berated High Court judges for not providing written judgments outlining the reasons for their decisions. In that case a senior social development official, Retselisitsoe Thoahlane, had been dismissed after being found guilty of raping an 11-year-old minor who was under his care. After being sentenced to a 15-year imprisonment term by the Maseru Magistrates Court, the government fired him. He then went to the High Court to complain that he had been dismissed without a hearing. He lost and went to the Court of Appeal only for Justice Chinhengo to berate the High Court judge who had considered the case for not writing a detailed judgment explaining why he had dismissed Thoahlane’s case.
Justice Chinhengo complained it had become common practise for High Court judges not to issue written judgments detailing the reasons for their decisions. It then made it impossible for Court of Appeal judges to adjudicate appeals. It also disabled litigants from properly formulating their appeal arguments if they were not furnished with reasons for judgments they were appealing.
The latest gazette follows last month’s directive by Justice Sakoane for subordinate court officers at the magistrates, labour court and local courts to deliver written judgements within 60 days.
If observed and enforced, the Chief Justice’s new measures will hopefully herald a new era of efficiency in the judiciary.
