Beyond the Numbers: Diversity on the Constitutional Court Bench
Originally the Constitutional Court was established as the final court on all constitutional matters. However, following the 17th amendment Act of 2012 it is now South Africa’s highest court on all matters. The Constitutional Court consists of the Chief Justice, the Deputy Chief Justice and nine other judges. Thus, the Court’s bench is supposed to […]
Our most read articles of 2018
Throughout the year we write articles to share more information about the JSC, the judges’ interview process and the South African judicial system as a whole. Here is a list of our most popular articles in 2018. 1. The JSC’s uneven line of questioning on judicial transformation Posted: 8 June 2018 Section 174 (2) of […]
Judges Matter 2018 in Review
Here is our overview of some of the highlights from the JSC Interviews and other judicial developments during the year of 2018. April 2018 JSC interviews At the April round of interviews the JSC interviewed nine candidates for the Supreme Court of Appeal. This included interviewing Judge President Betty Molemela who was duly nominated to […]
Three ways to improve justice in South Africa
This article was originally published in GroundUp on 13 November 2018. See the original article. Our court system is frustrating, slow and technologically backward. South Africans are rightly proud of our independent judiciary. It has, with some notable individual exceptions, avoided the descent into corruption and disintegration of state institutions that took place in the […]
Chief Justice Mogoeng discusses ConCourt vacancies
After the Judicial Service Commission (JSC) Interviews on 2 October 2018, the Chief Justice sat down with Judges Matter and the media to address the question of Constitutional Court vacancies. The question raised was to address the fact that in 2018 the JSC did not advertise (or call for nominations) for Constitutional Court vacancies even […]
Ten years of no accountability to Parliament by JSC
Progressive constitutional democracies from around the world are anchored on certain fundamental values and principles which include separation of powers and accountability. South Africa is regarded in certain circles as a model of constitutional democracy, especially for many African States. This view is not without a valid basis. Notwithstanding a myriad of challenges confronting it, […]
The question of skewed briefing patterns
The Judge President of the Western Cape asked a number of questions in the October 2017 hearings of the JSC. These questions went to what are called the skewed briefing patterns that exist, generally referring to how members of the advocates’ profession obtain work from attorneys. He asked Mr Papier: The issue Mr Papier, of […]
The Legitimacy of the SA Judiciary in 2018
This article was written by Paul Hoffman SC and was originally published in the Daily Maverick on 13 August 2018. Daily Maverick columnist, Stephen Grootes, has cast aspersions on the legitimacy of the judiciary in a recent wide-ranging piece of political analysis. It is important to interrogate the legitimacy of the judiciary carefully as it […]
The Hlophe Papers
Last week Paul Hoffman SC, the Director and Head of Projects at The Institute for Accountability in Southern Africa (IFAISA), wrote an opinion piece for Daily Maverick titled; The Justice John Hlophe Inquiry Papers: Going nowhere fast. This piece was originally written by Hoffman in 2008 but in light of the ongoing allegations surrounding Judge […]
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 […]