Freedom Under Law report calls for more judges, fewer politicians on JSC
Freedom Under Law says the ongoing political interference during interviews for judicial appointments remains a concern.
The judicial watchdog organisation released a report on the work of the Judicial Service Commission (JSC), including judicial appointments and discipline, for the period 2009-2022.
In the report the organisation found that in the appointment of judicial officers, the JSC's failure to adopt and apply appropriate guidelines has led to inconsistent questioning of candidates, inexplicable appointment decisions and a lack of accountability.
The report also highlights key deficiencies in the composition and operation of the JSC and makes remedial recommendations and proposals to address both the structural problems inherent in the JSC.
It covers the recent interviews and appointments of Chief Justice Raymond Zondo and Deputy Chief Justice Mandisa Maya.
Speaking during the launch of the report, lead researcher Calli Solik said the JSC should be reconstituted to include more senior judges and fewer party-political appointees.
"Political interference is not purely the influence of the political appointees, there have been reported incidents of commissioners briefed on who to appoint, party-political spats between commissioners during interviews, and disputes between arms of governments as well finding their way into the interview processes, which is a clear tension between the arms of government.
"The proposal is to increase the number of senior judges sitting in the JSC and to decrease the number of political appointees from National Assembly, National Council of Provinces and from the president."
Some of the recommendations include the appointment of a sufficiently resourced full-time secretariat and a fundamental reassessment of the relevant provisions of the JSC Act is needed.
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