Media Statement
Minister Simelane partakes in the Judicial Service Commission process of appointing 54 Judges
08 October 2024
Minister of Justice and Constitutional Development, Ms. Thembi Simelane, is actively participating in the Judicial Service Commission (JSC) process to appoint judges to fill 54 vacant positions. In accordance with section 178(1)(d) of the Constitution of the Republic of South Africa, the Minister is involved as a designated cabinet member responsible for the administration of justice. This judicially led process, currently underway in Johannesburg, is a vital step towards advancing the transformation of the judiciary and improving the efficiency of the courts.
Minister Simelane has expressed confidence that these appointments will significantly contribute to the State’s efforts in transforming the judiciary, in line with constitutional imperatives, particularly section 174(2), which mandates that the judiciary reflect the racial and gender composition of South Africa. Furthermore, she noted that filling these judicial posts is critical to addressing the case backlogs that have impeded access to justice across the country, particularly in underserved areas. The Minister is optimistic that these appointments will provide the necessary impetus to strengthen the overall administration of justice and enhance public confidence in the legal system.
The Minister’s role in the JSC process underscores the 7th Administration’s commitment to upholding the Constitution, particularly section 34, which guarantees the right to have legal disputes resolved in fair and public hearings before an independent and impartial court. By appointing judges, the State seeks to ensure that the courts are sufficiently resourced to fulfil this constitutional mandate, while also advancing the transformation and diversity of the judiciary.
Once the JSC finalizes its recommendations, the President of the Republic, acting in accordance with section 174(6) of the Constitution, is responsible for appointing the judges. The role of the President in this process is a key aspect of maintaining the constitutional balance and ensuring that the judiciary remains a cornerstone of democracy in South Africa.
The Judicial Service Commission, as established under section 178 of the Constitution, plays a critical role in this process by ensuring that judicial appointments are made on merit while promoting the transformation agenda. The work of the JSC is integral to maintaining the competence, integrity, and independence of the judiciary. Through this process, government reaffirms its commitment to strengthening judicial institutions and improving access to justice for all South Africans, in line with the transformative vision set out in the Constitution.
Enquiries:
Mr. Tsekiso Machike
Spokesperson: Ministry of Justice and Constitutional Development
078 237 3900
Issued by the Ministry of Justice and Constitutional Development
