[MEDIA STATEMENT] National Assembly’s vote on members of the JSC

Following the National Assembly’s vote on members of the JSC and the Magistrates Commission, Judges Matter released the following statement:

Judges Matter is disappointed by the National Assembly’s decision to designate as members of the Judicial Service Commission and Magistrates Commission, MPs who have previously been found guilty of misconduct or have been criticised by courts for ethical breaches, such as Dr John Hlophe and Ms Faith Muthambi.

We believe it undermines the credibility of these commissions and the integrity of the judiciary.

Judges Matter is disappointed by the National Assembly’s decision to designate as members of the Judicial Service Commission and Magistrates Commission, MPs who have previously been found guilty of misconduct or have been criticised by courts for ethical breaches, such as Dr John Hlophe and Ms Faith Muthambi.

Parliament’s decision is also contrary to the spirit, purport and objects of the Constitution. It is plainly irrational in relation to the injunction by section 165(4) of the Constitution, which requires that Parliament takes measures to protect the independence and dignity of the courts.

Judges Matter researcher, Mbekezeli Benjamin says:

“It is a cruel irony that aspirant judicial officers will be assessed on their ethics, integrity and fitness for judicial office by commissioners who themselves have been found guilty of misconduct. Judges Matter reiterates our call for a written Code of Conduct for all commissioners, with a mechanism to recall those commissioners who do not uphold the terms of the code.”