ACTION FOUR: How to appoint a strong judiciary
- The fourth report in CDE’s AGENDA 2024: Priorities for South Africa’s new government focuses on reforming the Judicial Service Commission (JSC) as a catalytic action to strengthen the judiciary and the rule of law.
- Although the judiciary has demonstrated independence, the JSC’s failure to adhere to fair procedures, inconsistent application of appointment criteria, and poor decision-making have led to a marked decline in the quality of judiciary appointments.
- Like many public institutions, the courts are inadequately resourced and managed and lack many of the basic resources which impact on their effective functioning.
- The JSC needs strong leadership from the new Chief Justice.
- Implementing and enforcing fair rules and procedures, along with a rebalancing of the constitutionally determined composition of the JSC, will do much to turn the current situation around.
