CASAC welcomes the announcement by the Office of the Chief Justice that the use of retired justices to assess new applications before Constitutional Court will be terminated.

This announcement follows correspondence between CASAC and the Chief Justice expressing our concerns about the constitutionality of the practice. The decision to set down or dismiss an application before the Court is a core judicial function that the Constitution entrusts to members of the Court and them alone.

The use of retired justices to draft memoranda on pending applications, in our view, posed the risk that they would be able to influence the views of the serving justices of the Court, which would compromise their independence.

We also welcome the Chief Justice’s adoption of CASAC’s proposal that the Court establish a dedicated registry staffed by experienced legal professionals to support the judicial function of the justices of the Court. We also note the proposal to amend the Constitution to allow the Court to decide applications in panels of 3 justices instead of the quorum of 8 justices required to hear and decide cases and hope that Parliament will give it serious consideration.

The Court has an incredibly heavy caseload and the task of administering justice to all who come before it requires that it be given all the support it requires.

For further enquiries:

Sibonelo Mavuso

Communications and Advocacy Officer

084 357 7738