Legal experts warn MK Party's call for lifestyle audits for judge could undermine judicial independence
The MKP not happy with the country's judges
Image: Itumeleng English / Independent Newspapers
Legal experts have warned that a call by the Umkhonto weSizwe Party (MKP) for the implementation of lifestyle audits for judges could insinuate illegal conduct by judicial officers and possibly undermine their rulings.
Non-governmental organisations in the legal sphere, political parties, and legal experts have argued that there are already proper channels to raise concerns about judges without impugning their character, emphasising that any allegations must be substantiated.
This reaction follows the MKP’s statement this week, calling for a lifestyle audit for judges. The party is unhappy with several court judgments that it believes do not make sense and indicate that the judges may not be serving the South African public but rather other interests due to inducements.
MKP spokesperson Nhlamulo Ndhlela said they have been concerned for some time about the conduct of judges, which they believe no longer serves the public interest. He cited recent rulings, such as the dual citizenship verdict delivered by the Constitutional Court and the case involving MKP leader John Hlophe’s suitability to sit in the Judicial Service Commission (JSC), as triggers for this call.
“Members of Parliament are required to declare their assets; therefore, the same standards should apply to judges, who wield immense constitutional power and influence. Judges must be held to an even higher standard of scrutiny and accountability in society. South Africa cannot afford to have a judiciary that is shielded from the same transparency expected of other arms of state.
“Judges are not infallible but human and prone, like all of us, to error and influence, including even bias, whether conscious or otherwise,” it said.The MKP in their statement called for the immediate implementation of lifestyle audits and the declaration of assets for all members of the judiciary, from the highest echelons of the Constitutional Court to the lower benches.
These audits must be conducted swiftly, independently, thoroughly, and regularly, it said.
“Transparency is not a threat; it is a necessity. The integrity of our courts depends not only on the law but on public trust, and that trust must be earned through openness, not opacity.
The MKP will not rest until the judiciary is held to the same, if not higher, ethical standards expected of any public servant. The days of sacred cows are over. South Africans are watching, and they demand answers,” said the party.
Mbekezeli Benjamin of Judges Matter said the requirements in the judges’ code of conduct are much stricter than even those of MPs.
“We are not aware of any legal requirement for any holders of constitutional office – including judges – to be subject to lifestyle audits. Judges are already subject to the most stringent asset and income declarations of all public office bearers.”
He noted that only judges are required to declare their income and assets of their immediate family members, including their spouses and children.
“Unlike Members of Parliament or Cabinet ministers, judges are also required to declare the income, assets, and interests of their immediate family.
“Unless a compelling argument is made as to why any particular judge would need to be subjected to a lifestyle audit over and above the declaration requirements, it’s not clear why judges would be subject to a rule that no other constitutional office-bearer is subject to. To maintain their independence and ethics, there is also a strict and well-known system to control conflicts of interest and recusal in specific cases. There is therefore no reason to doubt that judges are only influenced by the law and the Constitution,” he said.
He noted that according to the JSC Annual Report 2023/24, all 252 judges in South Africa are in full compliance and have declared all their assets.
Glynnis Breytenbach, DA Shadow Minister of Justice and Constitutional Development, said “I do not necessarily agree with the views of the MKP, but have no further comment. It is mischievous to malign the integrity of the judiciary without concrete evidence.”
Constitutional expert and lawyer Mpumelelo Zikalala cautioned that great care needs to be taken in handling such matters. He noted that calling for a lifestyle audit on an individual could imply suspicion of corruption.
Zikalala emphasised that judges have a code of conduct that they must comply with.He pointed out that every judgment made in the country has its roots in the Constitution. Those who feel there is something wrong can call for a constitutional amendment when those are open.
“There are processes that are followed. If there is a feeling that there is something wrong with the judgment and the process, you can complain to the Judicial Service Commission and present facts. What you cannot do is make allegations that are not substantiated.”