IGL submission commenting on the JSC’s Revised Procedures (2026)

The Institute for Governance and Law (IGL) submitted comments to the Office of the Chief Justice on the Procedures for Shortlisting, Interviewing and Recommending Candidates for Judicial Appointment and Regarding Breaches of Members’ Duties of Confidentiality, Law and Ethical Standards (“the Revised Procedures”).

The purpose of the Judicial Service Commission (“the JSC”) is to advise the national government on any matter relating to the judiciary or the administration of justice, which importantly includes recommending candidates for appointment as judicial officers. The 2026 Revised Procedures create a framework governing the JSC’s processes around nomination of candidates, shortlisting, publication of shortlisted candidates, interviews, confidential deliberations, voting, and recommendations to the President.

The Revised Procedures include several promising developments, especially in improving clarity around voting and the selection of candidates to recommend for judicial appointment. The revisions around voting for candidates appears to aim for a balance between allowing Commissioners to deliberate freely while improving transparency in the selections. What may also be a promising development is allowing the JSC to refer Commissioners back to their member organisations to remove, replace, or discipline the member.  

The IGL identified several suggestions where further development and improvement is possible in the Revised Procedures:

1.  The structure of the interviews could improve by creating and publishing interview guidelines before every hearing that would help keep Commissioners on track when interviewing candidates.
2. The National Assembly, the National Council of Provinces, the advocates’ profession, the attorneys’ profession, the teachers of law at South African Universities, and the President should publicise the reasons for their selections of representatives to the JSC to improve transparency.
3. The high number of political appointments to the JSC increases the potential, apparent in past interviews, for political questions to dominate the interviews. Political influence during interviews can deter potential candidates from taking part and puts at risk the idea of the separation of powers.
4. To improve enforcement of the provisions in the Revised Procedures, it would be desirable to have clearer guidelines and remedies available for use by the Chairperson to keep order and, where necessary, discipline members.
5. In the case of presidential appointees, the IGL urges the President to limit his appointees to retired senior judges.

These proposed rules offer a way forward for the greater efficiency and the smooth running of the judicial selection process. However, there is a need for the JSC to take a proactive stance to filling vacancies as backlogs in overburdened courts lead to long delays in trials.

For the full submission, see below for online access to the IGL’s submission on the Revised Procedures (2026) submitted to the Office of the Chief Justice.

Click here for access to the Revised Procedures (2026)