Karel | Mar 29, 2018

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.