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 […]
Searching for ConCourt candidates
The Constitutional Court currently has two vacancies open. These vacancies have not been advertised in the call for nominations for the JSC’s October 2018 interviews. This has surprised many people, as the vacancies have stood open since June 2016 and January 2018 respectively – so it is not as if these have only suddenly become […]
Using Stalingrad tactics to delay justice
What role can judges play in preventing the Stalingrad legal strategy of criminals bent on manipulating the system? To begin let us define what we mean by a Stalingrad strategy: This is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable […]
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 […]