Quote of the week

Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation.  This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.

KHAMPEPE J and THERON J
Public Protector v South African Reserve Bank (CCT107/18) [2019] ZACC 29 (22 July 2019)
19 April 2007

More on Judges

My slightly elaborated take in Business Day on the topic of the disciplining of judges. Since talking on this topic yesterday on RSG, I had interesting correspondence from Judge Louis Harms on the topic. He suggests that there are possibly other serious problems with the proposed legislation and points to the fact that the Minister will be involved in finalising the Code of Conduct in consultation with the Chief Justice. When I have more time I will return to this topic.
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