Judicial Service Commission

The Foundation brings proceedings to compel the National Assembly to consider whether Julius Malema remains suitable to serve as one of its designees to the Judicial Service Commission. Additionally, the HSF raises a constitutional challenge to the Judicial Service Commission Act, contending that the Act is constitutionally deficient because it does not require the JSC to adopt a binding code of conduct for commissioners or provide sanctions for non-compliance.

In October 2012, the JSC decided to advise the President of South Africa to appoint certain candidates as judges in the Western Cape Division of the High Court. The JSC’s advice had the effect of excluding certain well-qualified candidates from that office.