JCC ruling against Judge Kriegler

Freedom Under Law notes the ruling by Judge Zondi, sitting as the Judicial Conduct Committee and dated 29 July 2022, in respect of a complaint made by Vuyani Ngalwana SC against Judge Johann Kriegler (FUL’s chairperson) on 20 April 2021. 

Mr Ngalwana alleged breach of at least nine different articles of the Code of Judicial Conduct in relation to numerous alleged statements made by Judge Kriegler, as quoted in media publications from September 2009 to April 2021. All Mr Ngalwana’s complaints bar one were dismissed on the basis that “they are lacking in substance”.  The only complaint upheld was in relation to one statement reported to have been made by Judge Kriegler on 1 March 2021 to the effect that Hlophe JP was unfit to be a judge. Judge Zondi found that contravened one provision of the Code (article 11(1)(f)). 

Judge Kriegler and FUL believe that this finding is materially incorrect and adversely implicates important issues of principle and FUL’s work. It will be appealed insofar as it upheld one of the complaints.  FUL endorses the public utterances made by Judge Kriegler in relation to Judge Hlophe. 

 No further statements in relation to the ruling will be made at this stage.