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 […]
South Africa has a remarkably extensive civil society sector, ranging from small to large, complex organisations with sizeable staff and budgets. Before 1994, many organisations worked to end apartheid. In the post-apartheid era, some NGOs seem to have continued with the role of being watch dogs, playing oversight role on the government while others function […]
Can a sitting judge be a member of a board of directors? The role of judges on the boards of charities and not for profit organisations has certainly been questioned from time to time. In the most recent October hearings of the JSC, now Judge Unterhalter when asked about his affiliations with civil society organisations […]
The opportunity not to do something is as important as the chance to do something. This JSC has chosen to step back on making appointments to two leadership positions in the Northern Cape and the North West. In both instances the interviews of the candidates left a clear trail of clues as to why the […]
