Criticism of the judiciary: attacking the authority of the courts
Maintaining the integrity of the judicial process In the Constitution of South Africa, Chapter 9 deals with State Institutions supporting Constitutional Democracy. Under section 194, Removal from Office it states the following; “(2) A resolution of the National Assembly concerning the removal from office of— (a) the Public Protector or the Auditor-General must be adopted […]
How to select Judge Presidents
Criteria for the selection of judicial leaders must reflect the search for jurisprudential leaders. The role of Judge Presidents A Judge President is the administrative head of a High Court Division in South Africa. The Judge President is expected to provide effective leadership to the division to ensure that judges in the division perform their […]
Comparing the Italian and South African process for appointing judges
From 03 July to 05 July 2019 the International Association of Judges (IAJ) held a conference, in which over 20 countries and jurisdictions were represented. During the conference a comparison of the concerns in the difference between legal systems was undertaken. The Secretary-General of the IAJ, Mr. Giacomo Oberto, gave a thought-provoking speech addressing, among […]
The integrity of the judiciary in South Africa
The integrity of the judiciary in South Africa has never been in question. Or so Judges Matter has thought. It has been our firm view that judges and a judiciary that acts without fear or favour have and has been the thin black line between South Africa and state capture and a collapse in governance […]
Questions of criteria at the JSC interviews
The Judicial Service Commission has announced a number of vacancies in various courts, including the Western Cape and Gauteng High Courts. Nominations must reach the JSC by the 28th of June, after which the sifting committee will meet to decide which of the nominated will be shortlisted to be interviewed by the JSC in the […]
Magistrates Matter: Turning the light to shine on the magistracy
The judicial system in South Africa comprises of the following courts of law: the Constitutional Court; the Supreme Court of Appeal; the High Courts, the Magistrates’ Courts; and any other court established by legislation (such as the Labour Court). In her thesis on the transformation of the South African magistracy published in 2007, Vanja Karth […]
Tribute to Judge Anton Steenkamp
In May, Labour Court Judge, Anton Steenkamp, passed away suddenly and unexpectedly as the result of a black mamba bite while he was on holiday in Zambia. We feel the loss of Judge Steenkamp as being a blow to the bench as well as to our community more broadly. We mourn his passing. We share […]
Supreme Court of Appeal gets 5 new judges
In April the Judicial Service Commission interviewed nine candidates for five vacancies at the Supreme Court of Appeal. As was the case in previous rounds for these vacancies, the candidates were grilled on divisions within the SCA and their experience of collegiality while acting at the court. The candidates all alluded to certain divisions within […]
Five ConCourt candidates recommended to the President
Six candidates were interviewed for the Constitutional Court on Wednesday 3 April 2019 for two vacancies at the highest court. Of these candidates, five were recommended to the President for appointment. In line with section 174(4) of the Constitution the President will now appoint two Constitutional Court judges from the list of five names sent […]
Judicial candidates and gender: five indicators to watch
Over the last few years, the Judicial Service Commission (JSC) has vastly improved its approach to gender parity among judicial candidates. It has begun to ask important questions about the bench as a working environment for women, and to gauge ideas from both male and female candidates on removing barriers in the profession that stop […]