FUL concerned at Judicial Service Commission’s failure to fill Supreme Court of Appeal vacancies
6 October 2023
Freedom Under Law is deeply troubled that the Judicial Service Commission (JSC) has failed to fill two vacancies on the Supreme court of Appeal (SCA), including its rejection of the candidature of one of South Africa’s leading jurists, Judge David Unterhalter.
“This takes place in a context where many of South Africa’s state institutions have all but collapsed as a result of appointment processes which have been deeply flawed, sometimes even corrupt. The South African judiciary, which has typically stood as a bulwark against the most egregious excesses of power, can therefore ill-afford to be denied the undoubted judicial qualities of top jurists at this critical juncture”, says Freedom Under Law Chair, Judge Azhar Cachalia.
The SCA is South Arica’s second-highest court which demands of its judges experience and a deep knowledge across all branches of the law. During the JSC interviews this week, mention was made of the skill and experience the SCA has lost in the recent past.
The JSC’s criteria and guidelines for appointing judges include the requirement that a candidate “must be a competent and experienced person, and must be technically competent and have the capacity to give expression to the values of the Constitution.” This criterion applies with particular force to the appointment of judges to the appellate courts. Given its refusal to fill two of the four vacancies on the SCA, questions must be raised about how the JSC is applying these criteria.