JOHANNESBURG, August 31 – The appeal by the Helen Suzman Foundation’s (HSF) case against the Judicial Service Commission (JSC) regarding the obligation to disclose the JSC’s deliberations on judicial appointments will be heard in the Constitutional Court on Thursday.
The HSF’s appeal concerns the question on whether the full record of a decision taken by the JSC on the appointment of judges, including the recording of the JSC’s deliberations, falls to be made available in legal proceedings, the Foundation said on Wednesday.
In 2012, the HSF launched a legal challenge pertaining to the JSC’s interpretation and application of section 174 of the Constitution when recommending individuals to the President for appointment as judges.
“When the HSF sought the record of proceedings of the JSC’s 2012 recommendations for judges in the Western Cape, the JSC refused to provide the recording of its deliberations (as to who should or should not be appointed) on grounds that the information was confidential. This prompted the HSF to launch interlocutory proceedings to ensure access to the full record of the JSC’s decision, including the recorded deliberations,” the HSF said.
However, in November 2016, the Supreme Court of Appeal in Bloemfontein held that the deliberations should remain confidential.
The HSF was appealing against this judgment.