The Judicial Service Commission (JSC) has made the decision to investigate Supreme Court justices involved in carrying out actions outside of the court's jurisdiction.
While the decision was made during Wednesday's JSC sitting, they stated that the justices involved in the cases mentioned on the commission's committee report on the actions that transgressed SC jurisdiction will be investigated. However, the commission did not specifically disclose which of the top court justices are being investigated.
JSC said the commission considered the recommendations outlined in report titled 'Assessment of the Justice Sector Reform Proposals' prepared by South Africa's retired justice Johann Kriegler, in making their decision. The report recommended to dismiss the judges.
Any further violations that come to light during investigation will also be investigated, said JSC. The commission also noted its decision to hold discussions with the parliament's Judiciary Committee over the challenges faced by JSC in carrying out their responsibility due to decisions made by the Supreme Court on some constitutional disputes.
JSC earlier investigated SC's actions and shared their findings in the form of a report with the parliament. The report outlined 17 issues.
One of the cases mentioned was that of former Parliament Deputy Speaker and Dhiggaru MP Ahmed Nazim. The Supreme Court accepted a case filed against Nazim seven months after the appeal period ended after the High Court supported Criminal Court's decision not to accept the case. While the Supreme Court initially found Nazimn guilty, the verdict was reviewed and overturned three years later. JSC 's report said the move was against the law.
Earlier this year, JSC also investigated Supreme Court Justice Abdulla Didi and recommended the parliament to dismiss him. While the judge has now been terminated, JSC recently announced that they will be counseling Supreme Court's Chief Justice Ahmed Abdulla Didi, Judge Abdulla Areef and Justice Adam Mohamed after investigatng a case involving the three judges.