Zambia's approach to judicial ethical standards: A comparative study with South Africa
MetadataShow full item record
The concept of judicial conduct is fairly a new occurrence for both Zambia and South Africa whose genesis can be traced as far back as the 1990s. Having judicial ethical standards is one of the ways by which judicial accountability can be achieved. The purpose of this research, which involved desk and field research, was to illustrate the various approaches available for the regulation of judicial conduct. The challenge that the paper sought to address was that Zambia's approach to judicial conduct needed to be more comprehensive. This paper first introduced the concept of judicial conduct and brought the challenge of Zambia's approach to judicial ethical standards into perspective. The approaches by both Zambia and South Africa were discussed and it was revealed that the framework for regulation of judicial conduct and legislation in both jurisdictions were not the same but had common features. From the analysis and comparison made it was found that both jurisdictions' approaches are based on the constitutional provisions, respectively. The Faustin Kabwe, Nigel Mutuna and Hlophe cases were analysed thereby illustrating the challenges of balancing judicial accountability and independence. The conclusion illustrated that there was need to have clearly defined judicial ethical standards and that there was a correlation between constitutionalism, judicial accountability and independence and that when the Judiciary is held accountable public confidence is enhanced. This research further made recommendations which included; the creation of a legal framework which clearly defines judicial ethical standards, the distinction between impeachable and non impeachable misconduct, enhancing the powers of the institutions that administer laws for judicial conduct and renaming such institutions, restriction on the Executive's powers with regard to judicial discipline, clearing defining processes for selection and appointment of judges and ensuring security of tenure for judges.
- Law