POLITICS

FUL concerned about composition of selection panel for new CJ

Nicole Fritz criticises inclusion of two political appointees, exclusion of any senior or recently retired judge

FUL is concerned about composition of selection panel for new Chief Justice

17 September 2021

Freedom under Law (FUL) notes President Ramaphosa’s decision to invite public participation in the selection of South Africa’s next Chief Justice. While FUL is supportive of a process intended to allow for greater transparency and public scrutiny of the selection process – a participatory process illustrative of the importance of the role of Chief Justice in our constitutional democracy – it nonetheless registers several concerns relating to the composition of the panel appointed to shortlist nominees.

The panel consists of several outstanding persons who have played distinguished roles here and abroad. However, the inclusion of political appointees is not to be welcomed. The inclusion of two political appointees from the same political party is especially contrary to any principle.

Further, the failure to include any senior or recently retired judge means direct knowledge of the current workings of the South African judiciary is excluded. Senior legal practitioners are also not represented on the panel, again excluding those with significant understanding of the current problems faced by the judiciary as a whole and with direct knowledge of individual candidates.

In short, the committee is insufficiently balanced in its composition and does not draw on the best available knowledge of the current state and needs of the judiciary. It is not likely to elicit the degree of public confidence vital to the process.

Statement issued by Nicole Fritz, CEO, Freedom Under Law, 17 September 2021