Only the best MPs to be part of the JSC

2 July 2024

At 14:00 on 2 July 2024, members of both Houses of Parliament — the National Assembly (NA) and the National Council of Provinces (NCOP) — will sit to decide which members will form part of their respective delegations to the Judicial Service Commission (JSC) and the Magistrates Commission.

Considering the important constitutional and legal functions both commissions play in our Judiciary, Judges Matter calls for proper reflection and serious consideration on the merits of each delegate.

Specifically, Judges Matter calls on Parliament to select those members who will strengthen and protect the Judiciary, to ensure an independent judiciary that upholds the rule of law and delivers justice for all South Africans. The rule of law is essential for economic growth, the creation of jobs and safety and security for all.

Section 165(4) of the Constitution requires all organs of state — including Parliament — to take all measures to protect the courts and ensure their independence, impartiality, dignity, accessibility and effectiveness.

Both JSC and the Magistrates Commission are fundamental to the operations of our judiciary. They appoint judicial officers, hold them accountable to high ethical standards of conduct, and advise the government on measures to improve access to justice.

Members of Parliament play a crucial role in both commissions by ensuring that — as public representatives — the concerns of ordinary South Africans are taken up within the judiciary.

While MPs are not required to be legally trained, they are required to display the highest ethical standards and take their roles seriously, as they will sit in judgment of the ethics of lawyers aspiring to be judicial officers.

While MPs are not required to be legally trained, they are required to display the highest ethical standards and take their roles seriously, as they will sit in judgment of the ethics of lawyers aspiring to be judicial officers. This is an essential element of South Africa’s constitutional democracy, and the public should rightly expect Parliament to take this duty seriously.

Mbekezeli Benjamin, research and advocacy officer at Judges Matter, says

“For several years, Judges Matter has called for a Code of Conduct to be developed for both the Judicial Service Commission and the Magistrates Commission. The Code must hold commissioners to high ethical standards, with the option to recall those commissioners who fail to uphold it.  But while that process is underway, Parliament needs to come to the party and select only those members who will meet those high standards. An obvious disqualifier is anyone who has been implicated in serious ethical breaches, state capture and/or misconduct. Parliamentarians represent the people of South Africa in those commissions, and Parliament must send only the best representatives.”

ABOUT THE PARLIAMENTARY SITTING:

In terms of section 178(1)(h) of the Constitution, the NA is required to designate six members to represent the Assembly at the JSC. At least half of the NA members must come from the opposition.

Similarly, in terms of section 3(1)(a)(x) of the Magistrates’ Act, the NA must send four representatives who will sit in the Magistrates Commission.

The NA selects its representatives at a plenary sitting. Members of the NA have the option to object to any name put forward as a representative before the vote is taken. A simple majority vote is needed for the NA to select representatives to send to the JSC and Magistrate’s Commission.

In terms of section 178(1)(i) of the Constitution, the NCOP must designate four permanent delegates to represent the Council at the JSC.

Similarly, in terms of section 3(1)(a)(xi)of the Magistrates’ Act, the NA must send four permanent delegates who will sit in the Magistrates Commission.

The NCOP selects its representatives at a plenary sitting. Delegates of the NCOP have the option to object to any name put forward as a representative before the vote is taken. A supporting vote of at least six provinces is needed for the NCOP to select representatives to send to the JSC and Magistrate’s Commission.

THE BREAKDOWN IS AS FOLLOWS:

JSC – 6 NA + 4 NCOP = 10 Parliament representatives to the 23-member body.
Magistrates’ Commission – 4 NA + 4 NCOP = 8 Parliament representatives (including alternatives) to the 27-member body.

The Plenary sittings for both the NA and the NCOP take place at 14:00 this afternoon. Both sittings will be live-streamed on the Parliament YouTube channel. [Here]

According to the National Assembly Order Paper, the following have been proposed as representatives:

NATIONAL ASSEMBLY

MAGISTRATES COMMISSION:

Faith Muthambi (ANC)

Adrian Roos (DA)

Sibonelo Nomvalo (MK)

Omphile Moatoe (EFF)

JUDICIAL SERVICE COMMISSION:

Soviet Lekganyane (ANC)

Fasiha Hassan (ANC)

Glynnis Breytenbach (DA)

John Hlophe ( MK)

Julius Malema (EFF)

Athol Trollip (ActionSA)

Issued by Judges Matter, 2 July 2024