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 though there are currently two judicial vacancies on the Constitutional Court bench. It has also been noted that at times there are up to four acting judges sitting and hearing cases to make up the quorum of the Constitutional Court bench.
The Chief Justice explained the reasons why the Constitutional Court vacancies have not been advertised to date and would be advertised in 2019. Included in his explanation was the challenge that the JSC has in finding the requisite number of candidates to recommend to the President for appointment. According to the Constitution; 174, 4a, “The Judicial Service Commission must prepare a list of nominees with three names more than the number of appointments to be made, and submit the list to the President.” So, the JSC would need to have at least five suitably qualified candidates make themselves available in order to satisfy the terms of the Constitution.
You can listen to the Chief Justice address this and other issues relating to the Constitutional Court here:
(Please note that there are two audio files.)
The JSC has now (1 November 2018) issued a call for nominations for the April 2019 round of judicial interviews. This includes nominations for the two Constitutional Court vacancies. You can see the full list of vacancies here.
Read our previous article: Searching for ConCourt Candidates