Judicial conduct committee rules against establishment of tribunal to investigate retired judge Anton van Zyl

JOHANNESBURG - The Judicial Conduct Committee has ruled against the establishment of a tribunal to investigate retired judge, Anton van Zyl.

Two complaints were laid against the KwaZulu-Natal (KZN) judge over the tardiness of his judgments, one by a litigant and the other by the judge president of the division. 

Van Zyl retired in 2021 but still has several outstanding judgments, one as far back as 2012.

According to the Judicial Code of Conduct, judgments ought to be delivered within three months but not exceeding six months.

However, over a decade has passed and judgments remain outstanding in the case of retired van Zyl.

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According to the Judicial Service Commission Act, the establishment of a tribunal takes place when there are grounds for impeachment. 

This, while Section 177 of the Constitution details the various grounds that a judge can be impeached, namely gross misconduct, gross incompetence, or if a judge suffers from incapacity.

However, the provision makes specific reference to an active judge and not one who has retired.

As a result, van Zyl escapes the possibility of impeachment and will continue to receive his benefits despite the failure to deliver timeous judgments.