Radebe rejects calls for judicial commission change
CAPE TOWN — Justice Minister Jeff Radebe yesterday emphatically rejected calls for the composition of the Judicial Service Commission (JSC) to be changed and for presidential appointment powers to be curtailed.
At issue was that the current composition of the JSC held a built-in majority for the ruling African National Congress (ANC) and hence the ability to decide judicial appointments.
The JSC hit the headlines this year when acclaimed senior counsel Jeremy Gauntlett was overlooked for appointment as a Constitutional Court judge. It was the fifth time he was rejected for judicial appointment.
Democratic Alliance (DA) MP Dene Smuts, in the debate on the justice budget vote in the National Assembly, said the National Development Plan also called for the JSC to be restructured so that it was free of political interests.
“It is clear where the composition went wrong: it went wrong in the final constitution when the interim constitution’s four senators were joined by six National Assembly members for a total of 10. That is 10 of 23 JSC members, or of 25 when provincial premiers and judges president sit in on matters relating to the relevant division. In addition, we need to look afresh at the four presidential appointees, who when political bring the total to 14, or 15 with the minister. Four presidential appointees, four NCOPs, three ANC National Assembly MPs.
“Add the justice minister, who is already the president’s choice, and you have 12. Why have the presidential appointees at all?”
Ms Smuts said the power to appoint the national director of public prosecutions (NDPP) should be removed from the president. She reminded the House that then-president Kgalema Motlanthe had fired advocate Vusi Pikoli as national director of public prosecutions. “We need to put the choice of NDPP in Parliament’s hands. If the hon- ourable president makes another inappropriate appointment, the DA will challenge again. And then we need the new appointment provision to be in place.”
Mr Radebe rejected the calls and said in the US the attorneygeneral, the equivalent of SA’s national director of public prosecutions, was a political appointment of the president. He pointed out that US Supreme Court judges were appointed by the president. He said the Constitutional Court had approved the structure of the JSC.
Earlier when introducing the debate, he said: “We have made significant strides in our quest to transform the judiciary.
“Today, 61% of judges (generic) are black compared to only one in 1994. Similar progress has been made in addressing race and gender imbalances in the magistracy. Of the 1,661 magistrates, 974 are black and 687 are white, 647 are women and 1,014 are men. We still face challenges regarding women judges. Out of 239 judges only 76 are women. This is a matter of grave concern to government and the Judicial Service Commission, which plays a significant role in the appointment of judges. It is disturbing that the debate regarding the slow pace in appointing women judges is raised alongside that of white male judges.
“Let me put the record straight: out of 311 judges appointed since 1994, 113 are white males compared to 76 women judges. This shows that white males outnumber women in the appointment stakes thus far. Drastic steps are needed to replenish and nourish the pool from which female judges can be appointed.”