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Oct. 24, 2020

STAFF REPORTER

2 min read

Appointment of judges a secret – lawyer

Appointment of judges a secret – lawyer

KC Salemane Phafane

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KING’s Counsel Salemane Phafane who is representing the Judicial Service Commission (JSC) in a counter application in which the White Horse Party is challenging the recent appointment of High Court judges says such an appointment is done in confidence, hence the commission cannot disclose how it was conducted.

The counter application has been filed before the Constitutional Court by the Minister of Law and Justice on behalf of other applicants.

The applicants among others request an order directing the JSC to provide a record of proceedings within which the judges were appointed for recommendation.
KC Phafane said Regulation 6 of the JSC provides that what goes on in the commission should not be disclosed. He said as per the legislature, the appointment of judges is a matter between the JSC and the King, adding that the matter is thus protected by the law.

He therefore submitted that the JSC cannot do what the minister demands as it undermines the Constitution and regulations.
He said the names of the appointed judges for recommendation have never been, and will not be made public until the law is changed.

He therefore asked the court on Friday to dismiss the application and not grant the orders sought as they are unlawful.
On behalf of the applicants, Advocate Monaheng Rasekoai argued that the relief sought is important as they want to know the names of the appointed judges.

He said it is also important to know as to who appointed the judges and the criteria used.

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He submitted that they had not anticipated that the JSC would refuse to disclose the information sought.
“It is important that the court is provided with all the necessary and relevant information in order to make an informed decision as the case is of public interest,” he said, adding that no privacy privilege would be breached in disclosing the information.
The case continues before Justices Tšeliso Monaphathi  Moroke Mokhesi and Keketso Moahloli.

 

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