“The JSC must protect the independence of the judiciary by appointing competent and ethical persons and safeguard it from undue political interference. It follows that those appointed to the JSC to perform these functions must themselves be ‘fit for purpose’ “

                   Azhar Cachalia, former judge, Supreme Court of Appeal

For South Africa to realise its potential, we need to focus on critical actions to catalyse wider change. Strengthening the judiciary may seem to some as a less pressing concern than direct measures to reduce unemployment or boost growth. We disagree.

The rule of law is fundamental to South Africa’s growth and development. By addressing issues threatening the selection, effectiveness, integrity and independence of the country’s judges we will strengthen the rule of law, which in turn underpins the country’s ability to deal with crime and corruption, as well as efforts to fix the state. Bolstering the rule of law will create the underlying conditions required to raise investment, growth and employment levels – the critical elements of inclusive growth.

CDE had invited participants to join the launch of the fourth report in its series, AGENDA 2024: Priorities for South Africa’s new government.

Brian Figaji, CDE Board member, chaired the event, and Ann Bernstein, executive director, presented a summary of the new action report titled How to Appoint a Strong Judiciary.

A panel of independent speakers reflected on the Judicial Service Commission (JSC) and the importance of a strong judiciary, including:

• Robert Nugent, retired judge, Supreme Court of Appeal
• Mbekezeli Benjamin, research and advocacy officer, Judges Matter Campaign
• Geoff Budlender SC, Cape Bar