| FRIDAY BRIEFING | Who guards the guardians? Why the JSC needs an overhaul

friday briefing

Overseeing the judges: Is the JSC as a lot as the job? 

Judicial independence, the strategy of courts and judges to originate their duties freed from affect from others, is extremely valued. 

On the other hand, when judges hand down what is believed of as harsh judgments, they lastly turn out in the firing line. Of leisurely, it seems judgment in opposition to the judges is at an all-time high. However it absolutely is no longer cherish they are coming off squeaky clear both.

Why is it that Western Cape Have President John Hlophe is facing 10 scandals, but quiet no sanction? Chief Justice Mogoeng Mogoeng has been told to have interaction his feedback around Israel, but he quiet hasn’t indicated whether he intends to attain so. Meanwhile, allegations swirl about that some judges were allegedly bribed by the CR17 campaign. 

Is the Judicial Carrier Payment (JSC) ensuring that judges are being held to blame? Is the physique to blame itself to Parliament? 

In this week’s Friday Briefing, we survey at whether the country’s judicial guardians need additional oversight, moreover what is already in situation. 

News24 unbiased reporter Karyn Maughan examines how criminal skilled Barnabus Xulu has approached the JSC to lay complaints in opposition to 11 judges, no topic himself facing contempt of court payments.

Serjeant on the Bar examines the political invent-up of the JSC, writing that another physique is no longer mandatory to oversee the judiciary, but most seemingly there are areas of reform.

Dean of law on the College of the Free Express (UFS), Professor John Mubangizi, is in settlement with Serjeant on the Bar. He argues that if the JSC fails, it constitutes a menace to judicial independence. 

Helen Suzman Foundation unbiased researcher Chelsea Ramsden writes that there are concerns the JSC has breached its constitutional obligations, but a additional oversight physique is no longer mandatory.

Within the raze, Freedom Underneath Legislation’s Nicole Fritz breaks down why judges customarily approach below assault. 

Hope you’ve a legit weekend. 


Vanessa Banton 

Opinions editor

Fear, loathing and a missing Porsche: The case that would secret agent Hlophe’s attorney jailed

A saga inviting Western Cape Have President John Hlophe’s attorney, Barnabas Xulu, starkly illustrates the dysfunction of the Western Cape High Court, and how he’s attempting to use the JSC to lay complaints in opposition to judges who indulge in made up our minds in opposition to him, writes Karyn Maughan.

Accountability in our judiciary: Reform of the JSC is mandatory

If the composition of the JSC is analysed, it is loaded in favour of politicians. Presumably or no longer it’s time for a rethink of the physique’s formation, writes Serjeant on the Bar.

JSC accountability: A guardian does no longer want a guard

Any makes an strive to originate an external physique to oversee the judiciary would be an affront to the sanctity of judicial independence, writes Dean of Legislation at UFS, Professor John C Mubangizi.

Is the JSC accomplishing its judicial oversight duties as it would?

The Judicial Carrier Payment Act requires the JSC to desk an annual report back to Parliament, but that is no longer occurring. Helen Suzman Foundation unbiased researcher Chelsea Ramsden asks who must remove the JSC to yarn.

How must discipline of the judiciary work

The judiciary is in a uncommon situation that seems to ask sturdy accountability and primary scrutiny of its conduct, writes Nicole Fritz.

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