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Judges’ appointment case postponed

King's Counsel Salemane Phafane

Nov. 7, 2020 2 min read

2 min read

ARGUMENTS in a case between the White Horse Party and the Judicial Service Commission (JSC) were on Friday postponed by the Constitutional Court, as the respondents in the main application have expressed an intention to appeal a ruling in the counter application.

The court ruled that proceedings of the JSC are confidential and can therefore not be shared. The application was filed by the Minister of Law and Justice together with others who were asking for a record of proceedings in which the judges were appointed for recommendation.
The case will be heard on November 18 - 19, 2020 in order to allow parties to file relevant papers.
In his arguments, Advocate Monaheng Rasekoai for the applicants in the counter application submitted that the relief sought was important as they wanted to know the names of the appointed judges, who appointed them and the criteria that was employed in appointing and excluding candidates.


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Advocate Monaheng Rasekoai

But King’s Counsel Salemane Phafane for the JSC contended that the appointment of judges is a secret, as a result, the commission cannot disclose information on how they are appointed.

The White Horse Party is in the main application challenging recent appointment of judges by the JSC. The case is before Justices Tšeliso Monaphathi, Moroke Mokhesi and Keketso Moahloli.

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