Press release
HSF and the Judicial Service Commission
Introduction
On Thursday, 5 May 2016, the Helen Suzman Foundation (‘HSF’) will argue in the Supreme Court Appeal that the Judicial Service Commission (‘JSC’) is legally obliged to release the recorded deliberations pertaining to its appointment of judicial candidates to the Western Cape High Court in 2012. The appeal is a preliminary part to the main application that was brought by the HSF in 2013. This main application has yet to be heard.
Since launching this matter, the HSF has emphasised the fact that the appointment of judges is a matter of great public importance. It is central to the success or the failure of our constitutional democracy. An informed, knowledgeable, diverse and independent judiciary is a key feature of any political community regulated by the rule of law. It is this fact that motivates our actions, with our decisions always focused on enhancing and strengthening the judiciary.
High Court judges are ultimately appointed by the President, but always on the advice of the JSC. Despite the JSC’s historically good performance, the public must be vigilant in holding it to the standards set by the Constitution. So, for example, whilst section 174(2) of the Constitution cites gender and race as considerations relevant to the appointment of judicial officers, these are two of many. Others relevant factors include the need to maintain an independent judiciary, honour and integrity, formal training, experience and demonstrated ability. Together with a consideration of race and gender, the JSC is constitutionally obliged to consider and weigh-up these various and other factors when exercising its advisory powers.