Any conduct by a magistrate that is alleged to be improper may be reported to the Judicial Head of the Court wherein the magistrate concerned presides.
A complaint against a magistrate must be reported by means of a written declaration under oath or affirmation, specifying -
If the complainant is of the view that his/her concerns have not been properly or adequately addressed by the Judicial Head of Court, the complainant may direct his/her complaint to:
Secretary of the Magistrates Commission [as from Sep 2017]:
Mr Mahomed Dawood
5th Floor, Center Walk Building (West Tower), c/o Thabo Sehume & Pretorius Streets, PRETORIA
P O Box 9096, PRETORIA, 0001
Tel: +27 12 325 3951
Fax: +27 12 325 3957/ +27 12 326 0094
Please note that in terms of the Constitution of the Republic of South Africa Act, No. 108 of 1996, the courts are independent and subject only to the Constitution and the law. The Magistrate's Commission is therefore not empowered to interfere with the judicial discretion of a magistrate. An aggrieved party who is dissatisfied with a judgment, ruling or sentence may approach a court of higher jurisdiction for review or appeal.