Retired Arms Deal Commission judges challenge Judicial Service Act 2023
The Johannesburg High Court will hear a constitutional challenge to the Judicial Service Act made by retired judges Willie Seriti and Hendrick Musi, who led the commission of investigation into the weapons transaction.
In 2020, Shadow World Investigations and Open Secrets filed a complaint against them with the Judicial Service Commission for severe misconduct (JSC).
This was due to what the non-profits characterize as their “failure to conduct a thorough and comprehensive inquiry” at the commission, which the courts have now determined constituted a cover-up.
If the JSC decides against Seriti and Musi, they may be subject to impeachment.
In contrast, they are now disputing the JSC’s power to probe retired judges like themselves.
Long-retired justices Seriti and Musi expressed their displeasure at being required to undergo a complaints procedure.
They stated that they were not performing judicial responsibilities at the time of the alleged misbehavior and that chairing an investigation committee is not equivalent to performing judicial functions.
And they are now disputing the Judicial Service Commission Act’s definition of a judge to the extent that it includes a judge who has been released from active duty.
Subjecting a retired judge to an impeachment proceeding was deemed inconsistent with the Constitution’s terms of office and provisions for removal, as well as ambiguous and nonsensical; they termed it “blatant folly.”
The lawsuit is opposed by the JSC, shadow world investigations, and open secrets.