Hlophe Tribunal set to resume
The Judicial Conduct Tribunal for Western Cape Judge President John Mandlakayise Hlophe is scheduled to resume on Monday, 21 October 2019, in Johannesburg. At the last meeting of the Tribunal on 2 July 2018, Judge Musi recused himself, and the Tribunal was postponed indefinitely. Judges Matter was informed of the new date for the Tribunal […]
The Importance of Transparency in Judicial Selections and Appointments
This article was originally published by the UNODC’s Global Judicial Integrity Network. Read the original article. In October 2018, the Southern African Chief Justices’ Forum (SACJF) formally adopted the Lilongwe Principles and Guidelines on the Selection and Appointment of Judicial Officers. The Lilongwe Principles and Guidelines, which have previously been discussed in a ‘Views’ piece […]
Judges speak through their judgments
The response to fake news is always tricky – the temptation is overwhelming to jump in and explain in great detail why the news is wrong, misconceived or malicious. The Chief Justice found himself in just such a position and decided to speak out against the allegations. He was joined by Judge Judge President Cagney […]
How Magistrates are selected and appointed in South Africa
In our previous installment, we pointed out that the magistracy is such an important arm of the judiciary, yet they remain understudied and there is very little public discourse on them. We promised to publish a series of installments on this website in order to promote public engagement with the magistracy. In this installment, we […]
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 […]
