Judicial immunity and judicial misconduct

Judges, from the lowest to the highest level, as well as any other person acting judicially including registrars, deputy registrars and senior assistant registrars, are accorded judicial immunity against any prosecution or civil suits arising from actions taken in the performance of their duties, provided these duties were carriedout in good faith. In other words, a judge cannot be sued in civil court for “any act done, sentence meted out, words spoken or orders made by him in the discharge of his or her judicial duty”. This doctrine of judicial immunity, derived from both common law and statutory law, ensures that judges and those acting judicially can hear and decide disputes without fear or favour.

Publication Details

Journal
The International Islamic University Malaysia Repository (The International Islamic University Malaysia)
Published
2025-03-01
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
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article

Judicial immunity and judicial misconduct

The International Islamic University Malaysia Repository (The International Islamic University Malaysia)
Legal Issues in South Africa
article

Judicial immunity and judicial misconduct

article en

Abstract

Judges, from the lowest to the highest level, as well as any other person acting judicially including registrars, deputy registrars and senior assistant registrars, are accorded judicial immunity against any prosecution or civil suits arising from actions taken in the performance of their duties, provided these duties were carriedout in good faith. In other words, a judge cannot be sued in civil court for “any act done, sentence meted out, words spoken or orders made by him in the discharge of his or her judicial duty”. This doctrine of judicial immunity, derived from both common law and statutory law, ensures that judges and those acting judicially can hear and decide disputes without fear or favour.

The International Islamic University Malaysia Repository (The International Islamic University Malaysia)
Peace, Justice and strong institutions
Openalex Percentile: Top 33%
Legal Issues in South Africa
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Judicial immunity and judicial misconduct · The International Islamic University Malaysia Repository (The International Islamic University Malaysia) (2025) | TGRS Research Map | TGRS