The same court also declared unconstitutional a section which stated that any matters relating to the misconduct of the CEO of the inspectorate must be referred to the national commissioner by the inspecting judge.
“In light of my finding that sections 88A and 91 fail to ensure an adequate level of independence of the judicial inspectorate, it follows that the state has not acted reasonably and effectively as required by section 7 of the constitution,” Theron ruled. Theron did not confirm the high court’s declaration of constitutional invalidity in respect of section 88A.
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