Judging judges: Comparing South Africa’s Judicial Conduct Tribunal with New Zealand’s Judicial Conduct Panel, with lessons for New Zealand

Abstract

This paper concerns the difficult task of judging judges. The first part deals with South African law by discussing the role of the Judicial Services Commission in disciplining judges. This part also critically evaluates the ongoing Tribunals. The second part deals with New Zealand law by discussing the role of the Commissioner and the Attorney-General regarding the Panel. This part also analyses the investigative role of the Panel. The third part draws comparative lessons. The first concerns diversity in Tribunal and Panel membership. The second concerns separating conduct from law and policy. Is it non-compliance with the framework or the framework itself?