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 […]
After Judge Mandisa Maya’s JSC interview for President of the Supreme Court of Appeal (SCA) laid bare the racial and seniority divisions within the court, the interviews of Constitutional Court candidates – four of which are SCA judges – seemed to follow a similar theme of trying to examine and expose problems within the SCA. […]
It was reported on Sunday, 5 March 2017, that the ANC wants its deployees on the Judicial Service Commission (JSC) to re-look at the “appointment criteria” used to decide who becomes a judge. In discussion documents, which have now been made public, the party is reported to want; “judges with a progressive philosophy and who […]
In March 2016 the SCA confirmed a ruling by the North Gauteng High Court that the government had acted unlawfully in failing to arrest the Sudanese president, Omar al–Bashir, when he visited South Africa in June 2015. All indications were that the South African government had not complied with a Pretoria High Court order granted […]
“What’s the point of being near a school? What’s the point of them being near transport? Where are they going to go?” asked Acting Judge Leslie Weinkove, hearing an application regarding the emergency accommodation of the 27 people due to be evicted from houses in Bromwell St, Woodstock. His comments, as well as others about […]
