The last round of JSC interviews took place from the 7 – 11 October 2019. On Tuesday 8 October, Mr Daniel Thulare, the Cape Town Chief Magistrate, was interviewed for a position on the Western Cape High Court bench. During the interviews he was questioned by the Chief Justice regarding comments he had made during […]
The Judicial Conduct Tribunal for Western Cape Judge President John Mandlakayise Hlophe is scheduled to resume on Monday, 21 October 2019, in Johannesburg. At the last meeting of the Tribunal on 2 July 2018, Judge Musi recused himself, and the Tribunal was postponed indefinitely. Judges Matter was informed of the new date for the Tribunal […]
The response to fake news is always tricky – the temptation is overwhelming to jump in and explain in great detail why the news is wrong, misconceived or malicious. The Chief Justice found himself in just such a position and decided to speak out against the allegations. He was joined by Judge Judge President Cagney […]
From 03 July to 05 July 2019 the International Association of Judges (IAJ) held a conference, in which over 20 countries and jurisdictions were represented. During the conference a comparison of the concerns in the difference between legal systems was undertaken. The Secretary-General of the IAJ, Mr. Giacomo Oberto, gave a thought-provoking speech addressing, among […]
In April the Judicial Service Commission interviewed nine candidates for five vacancies at the Supreme Court of Appeal. As was the case in previous rounds for these vacancies, the candidates were grilled on divisions within the SCA and their experience of collegiality while acting at the court. The candidates all alluded to certain divisions within […]
Six candidates were interviewed for the Constitutional Court on Wednesday 3 April 2019 for two vacancies at the highest court. Of these candidates, five were recommended to the President for appointment. In line with section 174(4) of the Constitution the President will now appoint two Constitutional Court judges from the list of five names sent […]
The first black judge in South Africa was appointed to the bench in 1991. Since the inception of the Judicial Service Commission (JSC) in 1994, there has been a concerted effort to transform the judiciary by making it more equitable and diverse in terms of gender and race. This is in line with section 174(2) […]
Progressive constitutional democracies from around the world are anchored on certain fundamental values and principles which include separation of powers and accountability. South Africa is regarded in certain circles as a model of constitutional democracy, especially for many African States. This view is not without a valid basis. Notwithstanding a myriad of challenges confronting it, […]
The Constitutional Court currently has two vacancies open. These vacancies have not been advertised in the call for nominations for the JSC’s October 2018 interviews. This has surprised many people, as the vacancies have stood open since June 2016 and January 2018 respectively – so it is not as if these have only suddenly become […]
What did Judge Motata actually do wrong? The Judicial Tribunal, lead by Judge President Jappie, enquiring into the complaint laid against Judge Motata has resulted in an extremely serious finding. It finds that sec 177(1)(a) of the Constitution should be invoked, which, if done, would result in the Judge being impeached. What did Judge Motata […]
