Research paper · policy paper ·
CDE
The fourth report in CDE’s AGENDA 2024: Priorities for South Africa’s new government focuses on reforming the Judicial Service Commission (JSC) as a catalytic action to strengthen the judiciary and the rule of law. Although the judiciary has demonstrated independence, the JSC’s failure to adhere to fair procedures, inconsistent application of appointment criteria, and poor decision-making have led to a marked decline in the quality of judiciary appointments. Like many public institutions, the courts are inadequately resourced and managed and lack many of the basic resources which impact on their effective functioning. The JSC needs strong leadership from the new Chief Justice. Implementing and enforcing fair rules and procedures, along with a rebalancing of the constitutionally determined composition of the JSC, will do much to turn the current situation around.
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