Is The Code of Conduct Tribunal A Court With Powers To Convict and Punish Offenders

Abstract

The paper makes the claim that the Code of Conduct Tribunal has only administrative, but no judicial powers to function as a court. That though it may order persons to appear before it at a time and place decided by it, and may summon witnesses to testify and introduce documents to it, it only has disciplinary powers for the purpose of sanitising public office. It does not and cannot operate as a court to try offenders, pronounce on their guilt and purport to levy punishment on them. It makes bold the position through application of the political and constitutional principle of separation of powers. It therefore argues that any purported power of the Tribunal to punish is unconstitutional.