Retired judges Willie Seriti and Hendrick Musi face a misconduct complaint for how they conducted the arms deal inquiryRetired judges Willie Seriti and Hendrick Musi have challenged the constitutionality of the Judicial Service Commission Act. File photo.Retired judges Willie Seriti and Hendrick Musi have challenged the constitutionality of the Judicial Service Commission Act, saying it is unconstitutional in that it allows judicial misconduct complaints against retired judges.
Seriti, a former justice of the Supreme Court of Appeal, and Musi, former judge president of the Free State, face a misconduct complaint for how they conducted the arms deal inquiry. The judicial commission of inquiry, chaired by Seriti, exonerated all involved from wrongdoing. Zondo said having only heard the version of the two NGOs, he was satisfied that if the complaint was established, “it is likely to lead to a finding ... of gross misconduct”.
In his affidavit, Seriti said the constitution defined a judge as someone “holding office until he or she is discharged from active service”, while the act included in its definition of judge those who had been discharged from active service.He added that it was a “blatant absurdity” to submit a retired judge to an impeachment process as “the very object of impeachment is to remove an incumbent from exercising a power or performing a function of a public office”.
U media people are incompetent, u failed to ask simple question like how come does a man who was merely a MEC is first suspect on national government issues while then President, Deputy President, Minister of Defense and Minister of finance are free
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