Two retired judges, who presided over the Arms Deal Inquiry, have challenged the constitutionality of the Judicial Service Commission Act, arguing that, under the Act, 'retired judges' should not be included in the definition of judge. | J_chabalala
Arms Deal Inquiry judges are challenging the constitutionality of the Judicial Service Commission Act.
Two retired judges, who presided over the Arms Deal Inquiry, have challenged the constitutionality of the Judicial Service Commission Act, arguing that, under the Act,"retired judges" should not be included in the definition of judge. Seriti was appointed to head the four-year long inquiry into allegations of corruption and fraud in the arms deal in 1999, and Musi was a commissioner.Frene Ginwala's handling of arms deal inquiry the one blemish on an otherwise unmatched recordThe inquiry's findings that corruption in the arms deal were"wild allegations with no factual basis" were later overturned by the high court, News24 previously reported.
Seriti and Musi relied on section 176 of the Constitution, which deals with the term of office of judges. Arguing before the full bench on Tuesday, advocate Ishmael Semenya, for Seriti and Musi, argued that retired judges were discharged from service under the Judges' Remuneration and Conditions of Employment Act. He said the meaning of a judge is covered in section 1 of that Act, which referred to judges in"active service".
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