JSC looking at ways to smash the glass ceiling
Lawyers for Human Rights (LHR) is pleased that the Judicial Service Commission (JSC) is investigating a policy aimed at bringing more women to the Bench. The policy will regulate the appointment of acting judges, such positions being one of the biggest stepping stones to being appointed as a full-time judge.
Gender parity on the Bench is part and parcel of the post-apartheid transformation of the judiciary and legal profession. Women make up over 50% of the South African population, but in March 2015 there were 15 004 male practicing attorneys, compared to only 8 708 female attorneys. Statistics gathered by the Office of the Chief Justice show only 86 women judges in a total of 241 judges in South Africa.
If women cannot get access to acting judge positions, it makes permanent appointment that much more difficult. It has never been very clear what exactly the criteria are for becoming an acting judge, or how the process works. Judge Presidents have complete discretion in making recommendations to the Minister of Justice. The new policy envisages clear guidelines and a list of candidates, including a pool of women, from which Judge Presidents will choose acting candidates.
“It is high time that the criteria and process for appointing acting judges are regulated,” said Sanja Bornman of the LHR Gender Equality Programme. “If we are serious about gender parity on the Bench, every player should be able to see the goal posts. A transparent process means a fairer one.”
But the problem is not limited to the acting appointments process. “One of the biggest problems is also how law firms brief advocates,” said David Cote of the LHR Strategic Litigation Unit. He further added that “If women advocates are only briefed with stereotypical women’s legal work, such as family law, they cannot gain the broad range of knowledge and exposure necessary to get spotted as acting judge material, despite their abilities.”
Advocate Dumisa Ntsebeza SC, speaking on behalf of the JSC, has confirmed that the policy is under discussion among commissioners.
Statement issued by Carol Mohlala and Sanja Bornman, Lawyers for Human Rights, 10 October 2016
