Petition calls for JSC’s code of conduct to be amended

A civil society organisation on Tuesday handed a petition to the Judicial Service Commission (JSC) calling for its chairperson and the minister of justice to draft and gazette a commissioner’s code of conduct.

The Active Citizens Movement also called on the chairperson to amend the procedure of the JSC, as contained in a 2018 government gazette, to include 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”.

The movement started a petition on Change.org after interviews in February for the appointment of the country’s next chief justice.

In its petition, the organisation said it was “painfully evident” the proceedings degenerated into a spectacle unbefitting the task of the selection of the highest judicial officer in the country.

“It made a mockery of our democracy and its institutions.”

It said the proceedings as a whole were flawed and  candidates were not treated even-handedly. For example, some candidates 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,” the petition read.

The organisation said the performance of certain commissioners at the JSC has discredited the institution, and the situation demands accountability.

“We note that no code of conduct exists for JSC commissioners, 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.”

The organisation said it presented the petition to JSC secretary Sello Chiloane on Tuesday.

Though the commission had recommended SCA president Mandisa Maya as chief justice last month, President Cyril Ramaphosa this month appointed deputy chief justice Raymond Zondo as the country’s next chief justice.

Last week, Zondo said at the JSC meeting next month, members will discuss issues including the mandate of the JSC.

Zondo said the deliberations would be about defining the mandate and the proper way to carry it out.

“I am confident that discussion will be very constructive.”

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