NJC formally ‘discourages’ judges from accepting gifts

The National Judicial Council (NJC) has endorsed an amendment to the code of conduct for judicial officers that seeks to “discourage” court employees form accepting gifts from other arms of government.

NJC has also resolved to cease investigating complaints against judges, if they are leaked to the media.

The council, which has come under fierce criticism over its position on the arrest of some judges by the Department of State Services on allegations of corruption, also barred officers from lobbying other arms of government.

The resolutions of the highest decision-making body of the judiciary are contained in a new policy of the arm of government.

Section 2(3)(2) of the policy states: “The code of conduct for judicial officers and code of conduct for court employees, with the amendment discouraging acceptance of gifts from other arms of government, should be such as would be adequate. Compliance with their provisions shall be mandatory.

“The Judiciary shall not resort to lobbying in ensuring that the Legislature and the Executive perform their constitutional responsibilities. All arms of government should respect the doctrine of separation of powers as enshrined in the constitution.”

On petitions against judges, section 2(2)(4) to 2(2)(9) states: “It shall be the policy of the Judiciary on complaints of misconduct against judicial officers or employees of the Judiciary shall not be leaked or published in the media.

“Where complaints on allegations against Judicial Officers and Court employees are submitted for investigation, the complainant or complainants shall be made to give an undertaking not to do anything to prejudice investigation or actions that may be taken.

“The Institutions of the Judiciary concerned with investigation or and implementation of decisions taken on such complaints shall be obliged to cease further action where such complaints are leaked or discussed in the media.

“Where such a leakage is occasioned after the submission of a complaint, then all investigations on the complaints shall be suspended, the leakage investigated and if such leakage is from the complainant or through other parties known to such a complainant, such a complaint should be discarded.

“Where such leakage is occasioned prior to the presentation of the complaint and the source of the leakage is found to be the complainant or through other parties known to and connected with the complainant, then such complaint shall not be accepted, upon submission, by the appropriate disciplinary body.

“Upon the conclusion of any investigation, the judicial disciplinary bodies may allow public disclosure of their findings, subject to following the proper channels for such disclosure.”