Staff Writer

President Cyril Ramaphosa on Friday opened the process of public nominations for the Chief Justice position in a first for South Africa. In a statement, the presidency stated that this would “promote transparency and encourage public participation.” The statement further alluded to the position held by the Chief Justice, arguing that this transparent process would  deepen public confidence in the integrity and independence of the judiciary, which has in recent years come under attack from political parties, including the Economic Freedom Fighters and elements within the ruling African National Congress.

The legal advocacy group ‘Judges Matter’ welcomed the decision arguing that “an open and transparent process for appointing the chief justice is more likely to strengthen the credibility and reputation of the judiciary.”

Nominations will end on the 1 October, with a list of candidates made public by  October 4, according to the presidency.

Speaking to Radio Islam International, the DA’s federal legal chair and member of parliament Advocate Glynnis Breytenbach, lauded the decision, pointing out that constitutionally this was not stipulated: “It’s a move that he didn’t have to make. It’s within his discretion constitutionally speaking, I’m very pleased to see that he’s doing it. I think that [the process] enhances transparency quite considerably and helps to give the public confidence in the judiciary.”

The DA does however want ten years’ experience on the Supreme Court of Appeal and/or the Constitutional Court to be included in the criterion for adjudication.

The nominations will then be adjudicated by a panel led by former UN Human Rights Commissioner Judge Navi Pillay, who is now with the International Court of Justice, Justice Minister Ronald Lamola, former Justice Minister Jeff Radebe, former Public Protector Thuli Madonsela, co-chair of the South African National Aids Council, Mmapaseka Steve Letsike, and Ziyad Motala, a Harvard law professor. A list of nominees will be presented to the president by the 29 October, with the president subsequently consulting with the Judicial Service Commission and political party leaders present in the National Assembly before announcing his decision.

Anyone can be nominated. However, the nomination needs to be accompanied by an endorsement from a body of legal professionals and/or an NGO which deals with human rights laws and other legal procedures, and must present reasons supporting the nomination.