[Media Statement] Judges Matter welcomes the Judicial Service Commission’s new procedure and ethical guidelines document

PUBLIC STATEMENT:

25 August 2026

Judges Matter welcomes the Judicial Service Commission’s new procedure and ethical guidelines document

New proposals for the JSC’s ways of working will significantly improve the process of appointing judges and strengthen the independence of the judiciary.

Judges Matter welcomes the Judicial Service Commission’s ambitious process reforms, as outlined in the JSC Procedure Rules and Ethical Breaches document, released for public comment on 18 August 2026.

Judges Matter researcher Mbekezeli Benjamin says:

“The document includes some of the most significant reforms to the JSC’s processes since 1994. It signals the JSC’s response to years of criticism and includes important reforms. If implemented in full, they will strengthen the transparency, integrity and effectiveness of the judicial appointment process in South Africa.”

Background: public criticism of JSC interviews

Over several years, the JSC has faced harsh criticism over its judicial appointment procedures, particularly its public interviews, which have been variously described as ‘political shows’ or ‘a platform to launch political attacks against the judiciary’.

In the last few years, the JSC has been taken to court three times over its judicial appointment processes, from the way specific commissioners behave to how the JSC itself deliberates and votes on candidates. Last month, the Supreme Court of Appeal criticised the JSC for overlooking serious concerns raised by the Mpumalanga Society of Advocates about a specific candidate whom the JSC had recommended for appointment. The SCA then set aside the appointment, an unprecedented move in South Africa’s democratic history.

Judges Matter’s proposals

Since 2021, Judges Matter has made various submissions to the JSC proposing ways to improve how the JSC conducts judges’ interviews. These proposals are informed by research Judges Matter has conducted on the judicial appointment process in South Africa, including drawing from comparative examples from abroad. In its submissions, Judges Matter proposed that the JSC codify the judicial appointment process as a single process subject to the same criteria the JSC adopted. Similarly, in its 2022 submissions, Judges Matter called for the JSC to adopt a code of conduct for commissioners that includes an option to recall errant commissioners. Finally, in its March 2026 submission, Judges Matter proposed a new voting mechanism to break the deadlock caused by the JSC’s faulty voting system, which yields the bizarre outcome of appointable candidates existing while the JSC leaves the vacancy open simply because of votes.

In this context, Judges Matter welcomes the Procedure and Ethics document’s plans to reform the JSC’s shortlisting, interviewing, voting, and selection processes.

The proposed reforms

The new JSC Procedures and Ethics document will do the following, among other things:

Codify JSC processes

Codify in written form many of the unwritten processes and practices of the JSC when it conducts its core constitutional function of judicial appointment. The new document will therefore guide the advertising, screening, shortlisting, interviewing and announcement of judicial vacancies as a single process subject to the same high standards.

New voting mechanism

Introduce a new voting mechanism to avoid situations where suitable candidates are available for appointment, but the JSC leaves a vacancy open because of a faulty voting mechanism.

Recall mechanism

Introduces a new ‘recall’ mechanism where, if a member of the JSC either breaches confidentiality or other ethical standards, the JSC may request the relevant nominating body to remove, replace or discipline that member.

Judges Matter researcher Mbekezeli Benjamin says:

“It is of enormous significance that the JSC has finally stated the consequences for commissioners failing to adhere to the very serious obligations they hold as members of a constitutional body like the JSC.”

Judges Matter’s additional proposals

While Judges Matter welcomes the JSC’s Procedure and Ethics document, Judges Matter will still make constructive submissions by the public comment deadline of 17 September 2026. In our submission, we will urge the JSC to:

Codify the procedure for objections filed against judicial candidates during the public comment process. The JSC must enable the public to submit comments on candidates in a fair and balanced manner that protects the rigour of the process against a candidate’s dignity.
Enable essential information on the needs of the specific courts before the JSC conducts the recruitment and appointment process. Put simply, the JSC must know exactly what candidate it is recruiting and for what purpose.
Establish its own internal vetting mechanism for judicial candidates to reduce overreliance on public and professional bodies for basic information like criminal record checks.

These will all be fully fleshed out in a written submission.

Benjamin adds:

“The JSC’s Procedure and Ethics document is one of the most significant reforms in the JSC’s processes since 1994. In some ways, it indicates that the JSC is finally responding to criticism from the public, civil society organisations and the courts. These signal an important change in the way the JSC conducts interviews for judges, and we look forward to seeing the final adoption and implementation of these reforms.”

Public comments on the JSC Procedure and Ethics document are due on 17 September 2026 and should be sent to MSongca@judiciary.org.za or SMthombeni@judiciary.org.za and copy JSC@judiciary.org.za.

ENDS

About Judges Matter:

Judges Matter is a civil society project of the Democratic Governance and Rights Unit at the UCT Law Faculty, dedicated to monitoring the South African judiciary to ensure transparency and accountability. Judges Matter conducts applied research and advocacy to monitor the appointment of judges and magistrates, their discipline for misconduct, and how the judiciary is governed and administered. More information is available on www.judgesmatter.co.za and on X/Twitter: @WhyJudgesMatter.

For comment:

Alison Tilley Mbekezeli Benjamin

Co-ordinator: Judges Matter Researcher: Judges Matter
alison[at]judgesmatter.co.za mbekezeli[at]judgesmatter.co.za

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