Almost quarter of judges miss deadline to declare interests

Nearly one in four working judges have failed to comply with a deadline to disclose gifts, royalties, ownership of property and business interests.

President Jacob Zuma signed into law disclosure rules - a first for the judiciary - compelling sitting and retired judges discharged from active service but obliged to work from time to time to declare their interests by the end of March.

Pat Gagai, in charge of compiling and policing a register, said 64 judges had not complied and 219 had declared their interests. Judges who did not declare faced being reported to the Judicial Service Commission.

Lulama Luti, spokeswoman for the judiciary, said there was "no resistance" to the register.

But there are signs of friction and a potential legal wrangle over the regulations.

The Sunday Times asked to see the public part of the register on May 5. It was "not ready for inspection" then, nor on June 3. This week it was "ready for public inspection" but Gagai was "fully booked" by people wanting to peruse its contents.

"Judges who fail to comply with the law," Luti said, "must be reported to the judicial conduct committee of the Judicial Service Commission."

Gagai is seeking legal advice on how to tackle the 64 judges, whose identities he did not reveal.

Luti said one judge had "indicated his intentions to challenge the regulations" and others had submitted reasons for not declaring.

Nazeem Joemath, president of the Judicial Officers' Association, which represents judges and magistrates, said: "It doesn't look good when judges don't comply with regulations. It is sad when the bastions of the law are not complying."

Judges have been under mounting pressure to declare their interests as public servants and MPs must. Retired judges initially objected to the regulations, saying they were intrusive.

An advocate who asked not to be named said: "I do know that retired judges, judges who are no longer on active service, do not understand why on earth they should now be required, after retirement, to provide all the details asked for about what they and their spouses own.

"Also, the Department of Justice has conceded in writing that they cannot validly be required to do this."

Retired judges in a second category of those no longer obliged to be recalled for service do not have to disclose.

Three judges have faced criticism in the past because of their business interests:

Western Cape High Court Judge President John Hlophe, paid to do external work for a company, granted the same company permission to sue a fellow judge.

The late Fikile Bam, former president of the Land Claims Court, was implicated in using his office telephone, secretary and letterhead to promote a private business interest.

Deputy Chief Justice Dikgang Moseneke had a stake in various businesses via a family trust. Via the trust, Moseneke effectively had a stake in an entity known as the Encha Group which bought property leased to organs of state including the Department of Justice. Although business deals by the group, in which his brother Tiego had a significant stake, raised eyebrows, Moseneke was not directly involved.

Under the new regulations, sitting judges must declare ownership of property, even abroad. The value and addresses are kept confidential.

Judges must disclose shares, financial interests in business, directorships, royalties earned, gifts and hospitality worth more than R1500. The same applies to their children and family.

"It is very sad that [judges failed to disclose]," said Joemath. "I am sure that there are many judges who have good reasons for not disclosing. It would seem to undermine the chief justice in a sense because he has been requesting them to conform to time frames.

"The objective of disclosure is so that the transparency of the judiciary is there, we show that we are accountable."

Judges' salaries range from R2.4-million for the chief justice to R1.6-million for a high court judge, excluding pensions.

The Sunday Times asked 13 heads of the superior courts this week if they had declared. Six replied, including Supreme Court of Appeal President Justice Lex Mpati, Land Claims Court Acting Judge President Shehnaz Meer and Gauteng Judge President Dunstan Mlambo.

Free State Acting Judge President Mojalefa Rampai said: "I have nothing to hide."

Mlambo "respectfully declined" to grant permission for his public declaration to be published.

jurgensa@sundaytimes.co.za

davidsn@sundaytimes.co.za

Pat's eye is on the Bench

PHETHUVUYO Gagai is the man in charge of compiling and policing the register of judges' interests in South Africa.

Pat, as the publicity-shy Gagai prefers to be known, worked as a workers' compensation judge in Pennsylvania, US, throughout the '90s.

He headed the research and documentation programme at the South African Human Rights Commission between 2004 and 2007 and then moved to the office of the Speaker of the National Assembly until 2010.

He joined the office of the chief justice in 2012 and was appointed to his current role in February.

He holds legal degrees from the University of Swaziland, Lincoln University and Widener University in the US. - Andre Jurgens