Dear President Ramaphosa, Chairperson/Acting Chairperson of the JSC, and Minister of Justice and Correctional Services

We address this petition as citizens concerned about the proceedings at the Judicial Service Commission (JSC) interviews of candidates for the vacant position of Chief Justice (CJ) of South Africa, held from 1 to 4 February 2022.

We are mindful that the Constitution of the Republic of South Africa empowers the President, after consulting with the JSC and leaders of parties represented in the National Assembly, to appoint the CJ. It was painfully evident to the entire country, and indeed the world, that the proceedings degenerated into a spectacle unbefitting the constitutional task of the selection of the highest judicial officer of the country. It made a mockery of our democracy and its institutions.

In particular, the proceedings as a whole were flawed. The candidates were not treated even-handedly, for example:

1. Some were given a ‘soft ride’ while others were viciously interrogated on the basis of gossip and rumours. A few vocal commissioners were permitted to bully interviewees, with little protection from the chairperson;

2. The quality of the questioning, with some exceptions, displayed little understanding of the law and its requirements regarding this appointment. Several commissioners had to be corrected on their understanding of the law.

In short, the performance of certain commissioners at the JSC has discredited this institution, and the situation demands accountability. We note that no Code of Conduct exists for JSC commissioners in order to hold them accountable for their conduct. Nor is there guidance provided to commissioners on the types of questions considered appropriate for determining a judicial candidate’s eligibility, legal competency and suitability for a judicial vacancy during the interview process. It is often the line of questioning by certain commissioners which results in the degeneration of interviews. For that reason, we appeal to the Chairperson/Acting Chairperson of the JSC, and the Minister of Justice and Correctional Services to:

1) draft and gazette a Commissioners’ Code of Conduct; and

2) amend Government Notice no 404 of 29 March 2018: Procedure of the Commission (Government Gazette no 41547) to include, after section 2(i), a requirement that “questions asked during interviews must be restricted to those considered appropriate for determining a judicial candidate’s eligibility, legal competency and suitability to fill that judicial vacancy”.  

We request that the President recognise that these recent JSC proceedings were so fatally flawed that reliance cannot be placed on any recommendations that emerged from it. Our objection is to the flawed process, and we do not express a preference for or against any candidate.

We therefore also call on the President to independently exercise his mind on the attributes and suitability of the four candidates, and make a fair and balanced decision in the best interests of the judiciary, and the country.