South Africa is inching closer to a wide-ranging law that would provide for a complaints mechanism against judges and magistrates accused of misconduct.

This would include racism, sexual harassment and breaches of a proposed new code of conduct and ethics.

Another law, which would set up a special tribunal to consider allegations of serious, impeachable misconduct against judges, is also on the cards.

Proposed amendments to the Judicial Service Commission (JSC) Act, as well as a new Judicial Conduct Tribunals Bill, have been worked on by the justice department, as well as by members of the national assembly's justice committee, for the past several years.

These bills have not been officially tabled in parliament, but are to be discussed by the committee today.

When the issue was first raised in 1999, it sparked huge controversy within the judiciary. Some judges saw the draft legislation as an attempt to discipline members of the judiciary and meddle with their independence.

A complaint was lodged with the United Nations Special Rapporteur on Judicial Independence to stop the legislation from being introduced.

But behind-the-scenes work and consultation with the JSC and the country's top judges has paved the way for the introduction of the bills.

The proposed amendments to the JSC Act provide for the establishment of a judicial conduct and ethics committee within the JSC that would compile and maintain a code of conduct and maintain a register of financial interests for judges.

A sub-committee - made up of judges - would deal with serious, non-impeachable complaints.

Draft bill spells out remedial steps against judges and magistrates

If a judge is found guilty of misconduct in this respect, the draft bill refers to "remedial steps" that could be taken. It avoids any reference to penalty or fines.

The proposed steps include:

An apology to the person who made the complaint.
A reprimand.
A written warning.
Appropriate counselling.
Attending a specific training course.
Any other corrective measure.

The bill makes it clear that where a complaint does not fall within the parameters provided by the law or is related solely to the merits of a judgment or an order, is frivolous, lacking in substance or even hypothetical, it must be dismissed.

With serious, impeachable complaints, the sub-committee would make recommendations to the JSC about the appointment of a special tribunal that would investigate.

The constitution provides that a judge may be removed from office only if the JSC finds he or she suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct, and the national assembly calls for the judge to be removed by a resolution adopted by at least two thirds of its members.

The draft amendment bill sets out the procedure the JSC would follow in asking the chief justice to appoint a tribunal. The JSC would have to inform the president and advise whether suspension was necessary.

The tribunal would consist of two members, one of whom would be the tribunal president and the other someone who was not a judicial officer.

With acknowledgement to Angela Quintal and the Cape Times.