Most read articles of 2020

Throughout the year we write articles to share information about the JSC, the judges’ interview process and the South African judicial system as a whole.

HERE IS A LIST OF JUDGES MATTER’S MOST POPULAR ARTICLES IN 2020.

1. Using Stalingrad tactics to delay justice
What role can judges play in preventing the Stalingrad legal strategy of criminals bent on manipulating the system?

2. Who from the Constitutional Court could be the next Chief Justice?
Over the past few months, we have published a series of articles about the position of Chief Justice, including articles discussing the importance of the role of the Chief Justice, the criteria we think a Chief Justice should possess, and the process by which the Chief Justice is appointed. These articles are prompted by the fact that the tenure of current Chief Justice, Mogoeng Mogoeng, comes to an end in 2021. It is therefore timely to begin thinking about who should be chosen as the next Chief Justice, and on what basis that decision should be made.

3. How Magistrates are selected and appointed in South Africa
The magistracy is such an important arm of the judiciary, and yet they remain understudied and there is very little public discourse on them. In this blog, we seek to explain how magistrates are selected and appointed in South Africa. We have done a similar piece which focuses on the appointment of judges. It is important that we also do one on magistracy. Magistrates can be appointed on an acting basis (as Acting Magistrates) or on substantive basis.

4. The crucial role of the Chief Justice
The Chief Justice was featured in the news fairly regularly in 2020, with attention being focused on the judiciary’s response to the Covid-19 crisis, as well as the seemingly never-ending saga of complaints and counter-complaints between judges of the Western Cape High Court, and how the leadership of the judiciary has been responding.

5. Mandela and the building of a Constitutional Democracy
We pay tribute to Nelson Mandela and remember that it was his vision, and the work of many others that led to the historical moment on 10 December 1996 when Nelson Mandela, as South Africa’s first democratically elected President signed the final draft of South Africa’s Constitution into law to be effective from 3 February 1997. This is the foundation on which South Africa’s Constitutional Democracy rests.
Read more here: https://www.judgesmatter.co.za/opinions/mandela-and-the-building-of-a-constitutional-democracy/

6. Will the next Chief Justice be a woman?
Over the past few months, we have published a series of articles about the position of Chief Justice, including articles discussing the importance of the role of the Chief Justice, the criteria we think a Chief Justice should possess, and the process by which the Chief Justice is appointed. These articles are prompted by the fact that the tenure of current Chief Justice, Mogoeng Mogoeng, comes to an end in 2021. It is therefore timely to begin thinking about who should be chosen as the next Chief Justice, and on what basis that decision should be made.

7. What Judges say matters
The Chief Justice was in the news a lot in 2020. Most notably was when he commented on an online discussion with Chief Rabbi Warren Goldstein, hosted by the Jerusalem Post newspaper, that he was: “under an obligation as a Christian to love Israel, to pray for [the] peace of Jerusalem, which actually means the peace of Israel and I cannot, as I Christian, do anything other than love and pray for Israel, because I know, hatred for Israel by me and for my nation, can only attract unprecedented curses upon our nation.”

8. The top 10 JSC Interviews of 2019
While no JSC interviews were run in 2020 due to COVID-19. The Judicial Service Commission did interview over 50 judicial candidates in 2019 and while all the JSC interviews are interesting, there are always a few which stand out and capture people’s attention.

9. Johan Froneman – A reflection
In 2009, the last of the first group of judges of the Constitutional Court retired, and were replaced by Justices Froneman, Jafta, Khampepe and Mogoeng. These four judges are due to retire from the court by the end of 2021. To mark this occasion, we have asked former clerks to share personal reflections of what it was like to work for the judges. The first of this series pays tribute to Justice Johan Froneman, who retired from the court on 31 May 2020.

10. Criteria for the appointment of a Chief Justice
Over the course of several opinion pieces, we have unpacked the role of the Chief Justice. We have discussed the Chief Justice’s powers in dealing with misconduct by judges, the importance of the role of the Chief Justice, and we have discussed the controversy over remarks by Chief Justice Mogoeng about the state of Israel. What does this analysis tell us about what kind of qualities a Chief Justice should possess?

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Most read articles of 2020

HERE IS A LIST OF JUDGES MATTER’S MOST POPULAR ARTICLES IN 2020.

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