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Author: Judges Matter

Why the JSC’s no acting, no appointment policy could lead to bad appointments

Why the JSC’s no acting, no appointment policy could lead to bad appointments

Whenever there are vacancies in the judiciary, the Judicial Service Commission (JSC) advertises those vacancies, receives nominations, shortlists candidates, and public interviews are conducted to select candidates who are then recommended for appointment by the President. In order to qualify for appointment as a judge, one must be appropriately qualified and must be considered to […]

The JSC’s uneven line of questioning on judicial transformation

The JSC’s uneven line of questioning on judicial transformation

Section 174 (2) of the Constitution of South Africa, which may be referred to as the “transformation clause” stipulates that the need for the judiciary to “reflect broadly the racial and gender composition of South Africa must be considered” when judges are appointed. The contentious nature of the provision was captured in a question that […]