Freedom Under Law to take the JSC’s decisions regarding appointments to the Supreme Court of Appeal on review

10 November 2023

At the October 2023 sitting of the Judicial Service Commission (JSC), only two candidates were recommended for appointment to fill four vacancies on the Supreme Court of Appeal. The Council for the Advancement of the South African Constitution (CASAC) wrote to the JSC requesting written reasons for the JSC’s decision to written reasons for the JSC’s decision not to recommend four candidates to fill the four vacancies advertised, and to recommend the two candidates who were recommended for appointment.

The JSC has now responded to this request and provided written reasons for the decisions. FUL has studied these reasons and is of the view that the reasons are inadequate, and do not address the significant public concerns which were raised about the appointments in the immediate aftermath of the interviews.

FUL has accordingly resolved to take the JSC’s decision in relation to the appointments to the Supreme court of Appeal on review, and is instructing its legal representatives accordingly. As a courtesy, FUL has advised the JSC accordingly today.

There will be no further comment until papers have been filed, which papers will be made available on the Freedom Under Law website.

Issued by FUL, 10 November 2023