Judicial Service Commission

The Helen Suzman Foundation (HSF) filed a review application against the Judicial Service Commission (JSC) in June 2013. The case involves certain decisions made by the JSC which expose deficiencies in the process for the selection of judges.

Intro

During these proceedings, the JSC refused to disclose certain documents relevant to the review application (these relate to transcripts and recordings of deliberations of the Committee).  The HSF filed an interlocutory application compelling the JSC to disclose the documents.

In 2016, the matter was heard before the Supreme Court of Appeal (SCA).  The Court ruled against the HSF and held that the recording of the deliberations on judicial appointments by the JSC do not form part of the record or its proceedings for purposes of the relevant Uniform Rules.  The HSF maintains that the refusal is unsubstantiated in law.  As a result, the HSF is appealing the SCA’s decision.  The case was heard before the Constitutional Court on 31 August 2017 and judgment is awaited.

Press Releases

HSF and the Judicial Service Commission

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.

Briefs