DGRU and Judges Matter submission ahead of the April 2024 JSC session
DGRU and Judges Matter submission ahead of the April 2024 JSC session: some positive progress, but a lot more needs to be done
Twice every year, Judges Matter – as part of the Democratic Governance and Rights Unit (DGRU), a research unit at the University of Cape Town – submits its assessment of the Judicial Service Commission on judicial appointments and judicial misconduct cases. These submissions are made shortly before the JSC sits in April and October each year.
For the April 2024 submission, we draw attention to the positive impact the JSC’s new written criteria have made on the judicial appointment process. We highlight some positive aspects of the JSC applying the new criteria to the public interviews, including the emphasis on respect for candidates’ dignity and rigorous questioning on legal skill.
Meanwhile, we identify weaknesses in the process that need to be addressed through supplements to the criteria to address questions of integrity and a code of conduct for commissioners.
We urge the JSC to play a more strategic ‘Human Resources’ role in relation to the judiciary, including by filling vacancies as soon as they arise and creating a clear pipeline for succession. We ask the JSC to do more matching the skills and demographics of the judiciary with the needs of the different courts across the country.
Finally, in the submission, the DGRU and Judges Matter raise the numerous problems with how the JSC deals with judicial misconduct, including the JSC’s inconsistent application of the law and its own practice. We draw attention to the JSC’s mishandling of the suspension of Judge President Selby Mbenenge and how this undermines the sexual harassment investigation against him and the judiciary as a whole.
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