For media comment contact: Judith February, Executive Officer at FUL, 083 453 9817 At the October 2023 sitting of the Judicial Service Commission (JSC), only two candidates were recommended for appointment to fill four vacancies on the Supreme Court of Appeal. The Council for the Advancement of the South African Constitution (CASAC) wrote to the JSC …
By Judith February and Chris Oxtoby The Constitutional Court judgment in the case against the Minister of Home Affairs, which ruled that the minister’s lawyers were not entitled to charge any fees, sets an important precedent regarding the abuse of court processes. The past two weeks have seen some significant developments in relation to the rule …
Impeachment of judges and Home Affairs cost order are crucial rule-of-law steps Read More »
For media comment contact: Judith February, Executive Officer at FUL, 083 453 9817 Freedom Under Law (FUL) is gravely concerned about recent media reports by GroundUp concerning the late delivery of judgments by the Constitutional Court. According to the GroundUp report, of judgments which have been reserved and subsequently handed down by the court since August 2022, 19 judgments were delivered late …
In Daron Acemoglu and James A Robinson’s book Why Nations Fail: The Origins of Power, Prosperity, and Poverty, they posit that prosperous societies are those with accountable institutions, both political and economic. The economics generally follow the politics, they argue. In societies in which institutions are extractive and serve only the narrow interests of a small …
The Judicial Service Commission’s failings threaten judicial accountability and independence 13 October 2023 | Judith February, Chris Oxtoby, Mbekezeli Benjamin, Joe Mayson, Luthando Vilakazi, Nomfundo Ramalekana and Jenna Maujean Opinion | South Africa Accountability in the judiciary is eroding, warn the authors of this article. Illustration: Lisa Nelson The long delays in dealing with complaints against Judge President John Hlophe and …
How complaints against judges are handled needs to change Read More »
Statement attributable to: Judge Azhar Cachalia: Chair FUL Board For media comment: Freedom Under Law is deeply troubled that the Judicial Service Commission (JSC) has failed to fill two vacancies on the Supreme court of Appeal (SCA), including its rejection of the candidature of one of South Africa’s leading jurists, Judge David Unterhalter. “This takes …
This briefing note seeks to provide a short overview of significant events in the preceding month, relating to Freedom Under Law’s work on the judiciary and the rule of law. The note aims to provide a short overview of key issues, with links to underlying documents and articles where they are available. It is not …
This briefing note seeks to provide a short overview of significant events in the preceding month, relating to Freedom Under Law’s work on the judiciary and the rule of law. The note aims to provide a short overview of key issues, with links to underlying documents and articles where they are available. It is not …
Next week, between 2 and 6 October, the Judicial Service Commission (JSC) meets for the second of its two annual sittings. Several important positions are up for grabs. Candidates will be interviewed to fill four positions on the Supreme Court of Appeal (SCA), the second-highest court in the country. Several long-standing vacancies should be filled, …
Top judicial posts in the offing as ‘reformed’ JSC prepares to interview candidates Read More »
The judiciary is the one arm of the state that has, at least in significant part, been faithful to its constitutional obligations. The less said about the other arms of the state, the better. For this reason, the composition of the judiciary is vital to the future of the vindication of constitutional values in this …
Freedom Under Law report on Judicial Service Commission should be urgently considered Read More »
