The unconstitutional practices of the Judicial Service Commission under the guise of judicial transformation : Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC)

Abstract

In early 2011 the Judicial Service Commission was attacked by the Cape Bar Council for its alleged unconstitutional practices in a matter that was heard by the Western Cape High Court. The case involved the failure by the Judicial Service Commission to fill vacancies at the Western Cape High Court despite there being highly eligible candidates available for appointment. To make matters complicated the Judicial Service Commission failed to provide reasons for its failure to make judicial recommendations, arguing that they were not legally required to give reasons. Despite the successful turnout of the judgment which highlighted the constitutional duty of the Judicial Service Commission to uphold the rule of law principle, there are still many media reports relating to the improper functioning of the Judicial Service Commission when making judicial recommendations.