Media Statement – 08 November 2023

Published On: 8 November 2023

CASAC receives written reasons from the Judicial Service Commission regarding the filling Supreme Court of Appeals Vacancies

On Monday 6 November 2023, CASAC received written reasons from the Judicial Service Commission (JSC) regarding its decision to recommend only two candidates for appointment to the Supreme Court of Appeal following the JSC interviews held in early October.

In its letter, CASAC requested the reasons underlying the JSC’s decision to leave two seats on the Supreme Court of Appeal vacant, despite interviewing ten (10) candidates for the four (4) advertised vacancies. In its response to the above, the JSC distilled the essence of its private, closed-door deliberations, explained the voting procedure that was adopted and outlined the Commissioners’ reasoning in respect of each candidate.

While the JSC’s processes remain deeply flawed and in need of urgent reform, CASAC welcomes the JSC’s response as a positive step towards greater transparency regarding how it discharges its important constitutional function. CASAC views transparency as indispensable in deepening constitutional democracy and ensuring adherence to the rule of law.

CASAC believes that the publishing of written reasons following the JSC’s recommendations should become a common practice as part of the JSC’s obligation to be accountable to the public, and to deepen a culture of transparency.

CASAC Executive Secretary, Lawson Naidoo said:

“We look forward to engaging further with the JSC, with a view to contributing towards the reform of the processes of this important constitutional structure, and welcome this substantive response as a suitable starting point”.

In the interest of transparency and openness, both CASAC’s request for reasons and the JSC’s response have been made available on our website: http://casac.org.za/campaigns/judicial-service-commission/.

For further enquiries:

Lawson Naidoo

073 158 5736

 

JSC Media Statement 08Nov23

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