Facebook judge in breach of judicial code of conduct: lawyer

10 May 2016 - 14:56 By Nomahlubi Jordaan

Social media law expert Emma Sadleir believes “personal capacity” does not exist on social media and that South Africa's judges should avoid and disassociate themselves from comments that are racist or sexist. Saldleir’s comment comes in the wake of Johannesburg High Court Judge Mabel Jansen’s alleged racist utterances.Jansen this week came under fire for saying that rape is part of black men’s culture. She made the comments in a private conversation with Gillian Schutte‚ a filmmaker‚ who then made the comments public.Sadleir says judges are bound by Judicial Service Commission’s Code of Judicial Conduct‚ both in their personal capacity and as judicial officers. “They [judges] all have taken an oath to uphold the Constitution. When they fail to do so‚ that is an automatic breach of that Code.”Sadleir says while there is an expectation of privacy as Jansen had made the comments in a private conversation with Schutte‚ that expectation is overridden by public interest.Commenting on calls that all cases Jansen has presided over be reviewed‚ Sadleir says each case should be examined on its own merits.HERE'S THE CODE OF CONDUCT FOR JUDGESThe Judicial Service Commission Act of 1994 outlines a Code of Conduct by which judicial officers should abide.Adopted in terms of Section 12 of the Act‚ the Code of Judicial Service Conduct serves as “the prevailing standard judicial conduct‚ which judges must adhere to and that any wilful or grossly negligent breach of the Code may amount to misconduct which will lead to disciplinary action…”"The object of this Code is to assist every judge in dealing with ethical and professional issues‚ and to inform the public about the judicial ethos of the Republic."Why I bust the judgeCalls for the resignation or dis-missal of a Pretoria High Court judge are mounting, with the Black Lawyers’ Association calling for all Judge Mabel Jansen’s cases to be reviewed .According to the Code of Judicial Conduct‚ a Judge must:1. Always‚ and not only in the discharge of official duties‚ act honourably and in a manner befitting judicial office;2. Behave in his or her professional and private life in a manner that enhances public trust in‚ or respect for‚ the judicial system;3. Personally avoid and dissociate him or herself from comments or conduct by person subject to his or her control that are racist‚ sexist or otherwise manifest discrimination in violation of the equality guaranteed by the Constitution;4. In court and in chambers act courteously and respect the dignity of others.The JSC Code of Judicial Conduct also notes that judges should strive to be aware of and understand the many differences between persons and to remain informed about the changes social attitudes and values.“The multi-cultural nature of African society calls for special sensitivity for the perceptions and sensibilities of all who are affected by court proceedings‚” the Code says...

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