Formal Complaint Against a Judge or Magistrate in South Africa

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To report a biased judge or magistrate in South Africa, you should submit a formal, sworn complaint to the Judicial Service Commission (JSC). For magistrates, you can also report concerns to the Magistrates Commission if needed. 

Here’s a more detailed breakdown of the process:

1. For Judges:

  • File a Complaint: Any member of the public can file a complaint against a judge for misconduct, which must be in the form of a sworn statement or affidavit. 
  • Submit to JSC: The complaint must be submitted to the Judicial Service Commission (JSC). 
  • JSC Review: The Chief Justice, as chair of the JSC, receives all complaints and determines the seriousness and how they should be handled. 
  • Judicial Conduct Committee (JCC):If necessary, the Chief Justice may refer the complaint to the Judicial Conduct Committee (JCC) to decide whether the complaint should lead to an inquiry or a tribunal. 
  • Contact: You can submit your complaint to the Secretariat of the JSC at jsc@judiciary.org.za. 

Additional reading – How are judges held accountable?

2. For Magistrates:

  • Report to Judicial Head of Court:You can report improper conduct by a magistrate to the Judicial Head of the Court where the magistrate presides.
  • Contact the Magistrates Commission:If the Judicial Head of Court doesn’t address your concerns, you can also report concerns to the Secretary of the Magistrates Commission.
  • Complaint Details:To report a complaint, complete a written declaration under oath or affirmation, including:
    • The nature of the matter
    • The grounds for the investigation
    • The names of the magistrate, other people involved, and any witnesses
    • The date and time of the incident(s)
    • Any other relevant information
  • Contact Information:You can contact the Magistrates Commission by:
    • Writing to the Secretary of the Magistrates Commission
    • Emailing the Secretary of the Magistrates Commission at MaDawood@justice.gov.za
    • Calling the Secretary of the Magistrates Commission at +27 12 325 3951
    • Faxing the Secretary of the Magistrates Commission at +27 12 325 3957/ +27 12 326 0094 

Additional reading –The Magistrates Commission

Legal Framework and Formal Procedures

In South Africa, the process for lodging a complaint against a judge or magistrate is governed by specific legal frameworks:

  1. Complaints Against Magistrates:
    • Initial Reporting: Allegations of improper conduct by a magistrate should first be reported to the Judicial Head of the Court where the magistrate presides.
    • Escalation: If the issue is not adequately addressed, the complaint can be directed to the Secretary of the Magistrates Commission.
    • Requirements: The complaint must be a written declaration under oath or affirmation, detailing:
      • Nature of the complaint
      • Grounds for investigation
      • Names of the magistrate, involved persons, and witnesses
      • Date and time of incidents
      • Any other relevant information
    • Note: The Magistrates Commission cannot interfere with judicial discretion. Dissatisfaction with a judgment should be pursued through appeal or review in a higher court. justice.gov.za
  2. Complaints Against Judges:
    • Lodging a Complaint: Complaints about judges are handled by the Judicial Conduct Committee of the Judicial Service Commission (JSC).
    • Procedure: Any person may lodge a complaint by submitting an affidavit or affirmed statement specifying:
      • Nature of the complaint
      • Facts on which the complaint is based
    • Grounds for Complaint: These include incapacity, gross incompetence, gross misconduct, willful or grossly negligent breaches of the Code of Judicial Conduct, and conduct incompatible with judicial office. justice.gov.za

Resource Directory

Templates for Formal Documentation

Below is a template for lodging a complaint against a judge or magistrate:

[Your Full Name]

[Your Address]

[City, Postal Code]

[Email Address]

[Phone Number]

[Date]

To: [Appropriate Authority’s Name]

[Their Position]

[Their Address]

[City, Postal Code]

Subject: Formal Complaint Against [Judge/Magistrate] [Full Name]

Dear [Title] [Last Name],

I am writing to lodge a formal complaint against [Judge/Magistrate] [Full Name], who presides at [Name of Court], concerning conduct that I believe to be [biased/unprofessional].

Nature of the Complaint:

[Provide a detailed description of the conduct in question.]

Grounds for Investigation:

[Explain why you believe an investigation is necessary.]

Individuals Involved:

  • [Judge/Magistrate] [Full Name]
  • [Other Persons Involved]
  • [Witnesses]

Date and Time of Incident(s):

[Specify the dates and times.]

Additional Information:

[Include any other relevant details.]

I affirm that the information provided is accurate to the best of my knowledge.

Sincerely,

[Your Signature]

[Your Printed Name]

Contact Information for Relevant Authorities

  1. Magistrates Commission:
    • Person in Charge: Mr. Maritshane Justice Finger, Secretary of the Magistrates Commission
    • Physical Address: 5th Floor, Center Walk Building (West Tower), c/o Thabo Sehume & Pretorius Streets, Pretoria
    • Postal Address: P.O. Box 9096, Pretoria, 0001
    • Telephone: +27 12 395 0704
    • Fax: +27 12 326 0094
    • Email: magistrates.complaints@justice.gov.za
    • Website: justice.gov.za
  2. Judicial Service Commission:
    • Person in Charge: Mr. Sello Chiloane, Secretary of the Judicial Service Commission
    • Physical Address: Constitutional Court, 1 Hospital Street, Constitutional Hill, Braamfontein
    • Postal Address: Private Bag X1, Constitution Hill, Braamfontein, Johannesburg, 2017
    • Telephone: +27 11 838 2010 / 2019
    • Fax: 086 619 0944
    • Email: Chiloane@concourt.org.za
    • Website: justice.gov.za
  3. Office of the Chief Justice:
    • Person in Charge: Ms. M. Sejosengwe, Secretary-General (Director-General)
    • Physical Address: 188, 14th Road, Noordwyk, Midrand, 1685
    • Telephone: +27 10 493 2500
    • Website: judiciary.org.za

Formal Heading for Complaint Letter

Subject: Formal Complaint Against [Judge/Magistrate] [Full Name]

Note: Ensure that all complaints are lodged promptly and contain all necessary information to facilitate a thorough investigation.

What happens if you are unsuccessful in your application – Next steps

If the standard process of lodging a complaint against a judge or magistrate does not lead to a satisfactory outcome, you have several alternative avenues to escalate the matter and seek justice.

1. Appeal or Review of the Decision

If your complaint is related to a biased or unfair judgment, the most effective legal remedy is to appeal the decision to a higher court or seek a judicial review.

  • Appeal: If there are legal errors in the judgment, you can challenge the decision in a higher court.
  • Judicial Review: If the magistrate or judge acted outside their powers or in a grossly unfair manner, you can apply for a judicial review in the High Court.

Next Steps:

  • Consult a legal expert to determine if there are valid legal grounds for an appeal or review.
  • File an appeal or review within the required timeframe.

2. Public Protector of South Africa

If you believe your complaint involves corruption, maladministration, or abuse of power, you can report it to the Public Protector. This office has the authority to investigate judicial misconduct related to corruption or unfair administrative action.

Contact Details:

3. South African Human Rights Commission (SAHRC)

If the judge’s or magistrate’s conduct involves human rights violations, you can file a complaint with the SAHRC. This applies if the decision or conduct involved racial, gender, or other forms of discrimination.

Contact Details:

4. Legal Ombudsman and Law Societies

If your legal representatives failed to adequately address your case, or if you suspect collusion between legal professionals and the judiciary, you can report them to:

Contact Details:

5. Media and Public Advocacy

If all formal complaints fail, you can bring public attention to judicial misconduct by:

  • Approaching investigative journalists
  • Writing a petition or open letter
  • Using social media to highlight judicial corruption

Caution: Ensure that all statements made are factually correct to avoid defamation claims.

6. Parliamentary Portfolio Committee on Justice and Correctional Services

This committee oversees the judiciary and can be petitioned to investigate misconduct.

Contact Details:

7. Constitutional Court (If Rights Are Violated)

If the misconduct resulted in a violation of constitutional rights, you can take the case to the Constitutional Court of South Africa.

Contact Details:

  • Website: www.concourt.org.za
  • Phone: 011 359 7400
  • Physical Address: Constitutional Hill, 1 Hospital Street, Braamfontein, Johannesburg

8. International Human Rights Bodies

If your case involves severe human rights violations and all domestic remedies fail, you can escalate it to:

If the formal complaint process does not work, you have multiple legal, administrative, and public advocacy avenues available to ensure that judicial misconduct is addressed. Consider consulting a legal expert to determine the best course of action based on your specific case.

How long do I have to appeal a decision?

The time limit for appealing a decision depends on the type of case and the court where the decision was made. Below are the general timeframes for filing an appeal in South Africa:

1. Magistrates’ Court Appeals

  • Civil Cases: You must file a Notice of Appeal within 20 days after the judgment is delivered.
  • Criminal Cases: You must file a Notice of Appeal within 14 days of the sentencing or conviction.

2. High Court Appeals

  • Civil Cases: You have 15 days from the date of judgment to file a Notice of Appeal.
  • Criminal Cases: You have 14 days to file a Notice of Appeal after conviction or sentencing.

3. Supreme Court of Appeal (SCA)

  • If appealing a High Court decision, you must apply for leave to appeal within 21 days from the High Court’s ruling.
  • If the High Court refuses leave to appeal, you can petition the SCA directly within 21 days.

4. Constitutional Court Appeals

  • If the case involves a constitutional issue, you must file an application for leave to appeal within 15 days after the judgment of the SCA or High Court.

5. Exceptions and Extensions

  • If you miss the deadline, you can apply for a condonation application, explaining the delay and requesting an extension. However, this is granted only in exceptional cases.

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