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 […]
The integrity of the judiciary in South Africa has never been in question. Or so Judges Matter has thought. It has been our firm view that judges and a judiciary that acts without fear or favour have and has been the thin black line between South Africa and state capture and a collapse in governance […]
The Judicial Service Commission has announced a number of vacancies in various courts, including the Western Cape and Gauteng High Courts. Nominations must reach the JSC by the 28th of June, after which the sifting committee will meet to decide which of the nominated will be shortlisted to be interviewed by the JSC in the […]
The judicial system in South Africa comprises of the following courts of law: the Constitutional Court; the Supreme Court of Appeal; the High Courts, the Magistrates’ Courts; and any other court established by legislation (such as the Labour Court). In her thesis on the transformation of the South African magistracy published in 2007, Vanja Karth […]
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 […]
Over the last few years, the Judicial Service Commission (JSC) has vastly improved its approach to gender parity among judicial candidates. It has begun to ask important questions about the bench as a working environment for women, and to gauge ideas from both male and female candidates on removing barriers in the profession that stop […]
Originally the Constitutional Court was established as the final court on all constitutional matters. However, following the 17th amendment Act of 2012 it is now South Africa’s highest court on all matters. The Constitutional Court consists of the Chief Justice, the Deputy Chief Justice and nine other judges. Thus, the Court’s bench is supposed to […]
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 Judge President of the Western Cape asked a number of questions in the October 2017 hearings of the JSC. These questions went to what are called the skewed briefing patterns that exist, generally referring to how members of the advocates’ profession obtain work from attorneys. He asked Mr Papier: The issue Mr Papier, of […]
