- 1 History
- 2 Composition
- 3 Judicial appointments
- 3.1 1994–1999: Mandela administration
- 3.2 1999–2008: Mbeki administration
- 3.3 2008–2009: Motlanthe administration
- 3.4 2009–: Zuma administration
- 4 Judicial misconduct
- 5 Other functions
- 6 References
In apartheid South Africa, judges were appointed by the President, usually on the direction of the Minister of Justice, and behind closed doors. During the constitutional negotiations, it was decided that the President's power should be moderated by a special body relatively insulated from partisan interests. It was to be composed of a number of politicians, from both the ruling party and the opposition, and non-politicians, and would conduct public interviews. The Judicial Service Commission (JSC) was therefore created by the Interim Constitution. The JSC is now regulated by section 178 of the final Constitution (and by the Judicial Service Commission Act 9 of 1994).
In terms of section 178(1) of the Constitution, the JSC is usually composed of 25 members. This membership is divided more or less evenly between politicians and non-politicians. These are:
- the Chief Justice of South Africa, who presides over its meetings;
- the President of the Supreme Court of Appeal;
- one Judge President designated by the Judges President;
- the Minister of Justice and Constitutional Development, or his/her designated alternate;
- two practicing advocates nominated from within the advocates' profession;
- two practicing attorneys nominated from within the attorneys' profession;
- one teacher of law, designated by the teachers of law at South African universities;
- six members from the National Assembly, including three from opposition parties;
- four members from the National Council of Provinces; and
- four more persons designated by the President after consulting the leaders of all the parties in the National Assembly.
When the JSC considers the appointment of judges to a division of the High Court, its Judge President, and the Premier of the province in which it is located, must also be present. When the matter before the Commission does not concern the appointment of a judge, the members from the National Assembly and the National Council of Provinces are excluded.
The JSC's primary function is to select South Africa's judges. Though the President makes the appointments, the JSC has a crucial screening function. In the case of judges of the High Court and Supreme Court of Appeal, the President's role is purely formal; he or she must confirm the candidates chosen by the JSC. But in the case of justices of the Constitutional Court, the country's highest, the President has a discretion: the JSC provides a shortlist of four candidates, from which the President picks one. In the appointment of the Chief Justice and Deputy Chief Justice, finally, the JSC's power is most attenuated: the President makes the appointments "after consulting" the JSC and opposition parties, whose opinions he may disregard.
1994–1999: Mandela administration
The first Constitutional Court
The JSC's first task after its establishment was to determine the members of the newly formed Constitutional Court. The Court's President, Arthur Chaskalson, had already been appointed by President Mandela. Four other judges – Laurie Ackermann, Richard Goldstone, Tholie Madala and Ismail Mahomed – were then appointed by Mandela, in consultation with Chaskalson, from the ranks of the existing Supreme Court. The JSC's role was to compile the shortlist from which the remaining six members of the Court would be picked.
At that stage the commissioners included many of the country's most respected lawyers, like Chaskalson, Mahomed, George Bizos, Wim Trengove and Etienne Mureinik, to whom the politicians on the JSC usually deferred. And the Mandela administration appointed several opposition politicians – more than the Constitution requires – to act as commissioners. According to one commentator, "there was a seeming lack of cynicism reflective of the heady early days of democracy".
Nevertheless, interviews were robust. Most famously, Albie Sachs was questioned about his role in a report downplaying the ANC's indefinite detention and solitary confinement of Umkhonto we Sizwe commander Thami Zulu. One commissioner told Sachs his answers were "appalling" and criticised him for "sell[ing] his soul" by signing onto the report. Sachs felt the criticism was unfair given his central role in ending torture in ANC camps.
Sachs was ultimately appointed, though one prominent lawyer later said that if Sachs's interview had been more widely publicised he "could not possibly have been on the Court". Many were also disappointed that John Dugard was overlooked. Nevertheless, the bench that was ultimately appointed was widely praised, and their tenure thought to mark the Court's golden age. The unorthodox appointment of Kate O'Regan, a legal academic aged only 37, proved a masterstroke, for she became, in the view of many, one of South Africa's greatest ever judges. Pius Langa, whom Mandela appointed as Deputy President of the Court in 1998, would also later become one of South Africa's most celebrated judges. The other three JSC appointees were John Didcott, a famously liberal High Court judge; Johann Kriegler, also an outlier on the apartheid bench; and Yvonne Mokgoro, a legal academic.
In February 1998, Zak Yacoob was appointed to the Constitutional Court to replace the late Ismail Mahomed. Yacoob, blind since infancy, had been a prominent anti-apartheid lawyer, member of the Natal Indian Congress and ANC, and advisor to the drafters of the South African Constitution.
Many judges of the Court had, like Yacoob, been ANC members, or had at least worked with the ANC in the struggle against apartheid. This became contentious in May 1999, when the South African Rugby Football Union's legal challenge to President Mandela's power to appoint a commission of inquiry into the sport reached the Constitutional Court on appeal. SARFU's acrimonious, racially charged challenge was led by its head, the "arrogant" and "boorish" Louis Luyt, who had locked horns with the ANC in the past. SARFU sought the recusal of Chaskalson, Langa, Sachs and Yacoob on the basis that they "had extremely close ties" with Mandela's ANC and might therefore be biased. The likely effect of the recusal would have been that the "astonishing" decision of High Court judge Willem de Villers – who had subpoenaed Mandela and "all but called him a liar", and ultimately found in SARFU's favour – would stand. But the Constitutional Court unanimously dismissed the recusal application, prompting Luyt to withdraw from the appeal in protest, saying he had lost confidence in the judiciary. The Court later found against SARFU on the merits.
Controversial right-wing commentator R.W. Johnson later used the saga to argue that the Court was illegitimate and aligned with the ANC government. To most observers, however, Luyt was the villain of the piece (and Johnson's book full of "unsubstantiated gossip"). He was soon ousted as head of SARFU, whose new leaders apologised to Mandela for taking him to court. The Court's judgment on the recusal application is still widely cited by South African and foreign courts.
The first major controversy about political interference in judicial appointments occurred with Sandile Ngcobo's appointment to the Constitutional Court in 1999 to replace the late John Didcott. The JSC had recommended the appointment of Edwin Cameron, considered "the greatest legal mind of his generation", but Ngcobo was ultimately preferred due to the late intercession of Thabo Mbeki, then Deputy President, who felt the appointee should be black. The Guardian reported that South Africa's legal fraternity "launched a vigorous attack" on Mbeki when news of his intervention broke. One advocate lamented that, "in this instance, the importance of race trumped the importance of cutting edge jurisprudence". Cameron said, however, there is "no doubt" the decision to appoint Ngcobo was correct.
1999–2008: Mbeki administration
Shortly after this incident, Mbeki became the country's President. His administration preserved the high number of commissioners from the opposition, but is thought to have prioritised ANC policy, and candidates' race, in the making of judicial appointments.
This has proved controversial. Some commentators say the strongest candidates for appointment and promotion were regularly overlooked. For example, the "obscure" Bess Nkabinde was appointed to the Constitutional Court in 2008 ahead of "the obvious candidate", esteemed legal academic Cora Hoexter.
2008–2009: Motlanthe administration
In December 2007, at the Polokwane conference, Mbeki was ousted as ANC President by Jacob Zuma. The following year, KwaZulu-Natal High Court judge Chris Nicholson ruled that Mbeki had sought Zuma's prosecution for corruption for political reasons. The ANC recalled Mbeki, who officially resigned as President on 24 September 2008. Kgalema Motlanthe became the country's "caretaker president" pending the 2009 general elections, in which Zuma was elected.
Motlanthe's most significant act in relation to the judiciary was to appoint Edwin Cameron (whose appointment in 1999 Mbeki had prevented) to the Constitutional Court with effect from 1 January 2009. This appointment was widely praised, both for Cameron's legal ability and because he is openly gay and HIV-positive. Some suggested that Cameron would not have been appointed by either Mbeki, of whose AIDS denialism Cameron had been a fierce critic, or Zuma, likely to be discomfited by white, gay, liberal-minded judges. Cameron was also appointed despite a lengthy submission to the JSC by advocate Vuyani Ngalwana arguing that a white man should not be appointed.
2009–: Zuma administration
On 9 May 2009, Zuma became President of South Africa, and significant changes to the JSC's composition soon followed. ANC "heavyweights" Jeff Radebe and Ngoako Ramatlhodi, both controversial figures and key Zuma allies, joined the Commission as the new Minister of Justice and a senior ANC MP respectively. Fatima Chohan, then an ANC parliamentarian, also joined. The new administration abandoned Mandela and Mbeki's convention of appointing supernumerary opposition members of the NCOP, and packed the Commission with four ANC representatives. Finally, Zuma's four presidential appointees, who replaced founding commissioner George Bizos among others, were Dumisa Ntsebeza SC, Ishmael Semenya SC, Vas Soni SC and Andiswa Ndoni. Legal academic Pierre de Vos described Ntsebeza and Ndoni as "racial nationalists", noted controversies hanging over Semenya and Soni, and said the appointments were "bad news". Radebe, Ramatlhodi, Chohan, Ntsebeza and Semenya soon became vocal and influential commissioners, whose conduct soon led to fears of a "partisan takeover" of the JSC.
2009 Constitutional Court appointments
In October 2009, soon after becoming President, it fell to Zuma to appoint four judges to the Constitutional Court to replace the retiring Pius Langa, Yvonne Mokgoro, Kate O'Regan and Albie Sachs, the last remaining members of the Court appointed upon its creation in 1994. All four were "stalwarts" of the Court, "among its most industrious, as well as progressive, members" – and regarded with "intense suspicion" by some Zuma supporters. Some suspected Zuma would use his powers of appointment to "rein in the courts", appointing more pliant judges in their stead.
Over twenty candidates were interviewed, yet the JSC announced its seven-person shortlist just twenty minutes after interviews ended. One Commissioner later said it was clear the ANC had pre-determined the shortlist. Nevertheless, most commentators were pleased with the seven nominees. Zuma ultimately appointed Johan Froneman, Chris Jafta, Sisi Khampepe and Mogoeng Mogoeng. The four appointments were received relatively positively, with diplomatic cables saying concerns about a corrosion of South Africa's judicial independence had been hyped. Mogoeng's appointment was by far the most controversial, primarily because of his lack of experience. Some said his interview had been an "eccentric" and "bizarre performance" in which he admitted he had little knowledge of constitutional law; other, however, said his humble "lay preacher" performance was "very charismatic".
Ngcobo's appointment as Chief Justice
Zuma appointed Sandile Ngcobo as Chief Justice, replacing Pius Langa. Reactions were mixed. While virtually all commentators noted that Ngcobo was a highly respected jurist with an "outstanding" track record, many felt the natural successor to Langa was Deputy Chief Justice Dikgang Moseneke – and that Moseneke had been passed over because of his public comments distancing himself from the ANC. Worse, some suspected Ngcobo had courted the appointment by finding in Zuma's favour in the contentious Thint case the previous year. Ngcobo had been a lone dissentient; every other judge on the Court found against Zuma. Finally, some thought that Ngcobo, whose term would end just two years later, was merely a "caretaker" Chief Justice pending the accession of John Hlophe, a deeply polarising figure.
As it turned out, the issue of Ngcobo's succession was even more controversial than anticipated, though for different reasons. According to section 176(1) of the South African Constitution, "a Constitutional Court judge holds office for a non-renewable term of 12 years ... except where an Act of Parliament extends the term of office of a Constitutional Court judge". Ngcobo's 12-year term was due to expire on 15 August 2011. But, on 3 June, Zuma announced that he was extending Ngcobo's tenure for a further five years, using the power contained in section 8(a) of the Judges Remuneration and Conditions of Employment Act of 2001. The section had been criticised by legal academics upon its enactment in 2011 and had never before been used. Within two weeks of Zuma's announcement, several rights groups launched a legal challenge, arguing that the section was unconstitutional. The Constitutional Court convened an extraordinary session to hear the case, and gave judgment upholding the challenge on 29 July 2011. The Court held that "it is only by an Act of Parliament that an extension may occur"; section 8(a), which purported to delegate the power to extend to the President, was therefore unconstitutional, and the extension of Ngcobo's tenure invalid. Ngcobo had in any event withdrawn his acceptance of the extension two days before judgment was given.
Mogoeng's appointment as Chief Justice
The Ngcobo "cock-up" left Zuma in disrepute and in urgent need of a new Chief Justice. The Daily Maverick, noting that Zuma had "in virtually every case" in the past tried to "weaken the independent institutions set up in the Constitution", predicted that Zuma might look to the "malleable", "socially conservative" and "executive-minded" Mogoeng Mogoeng to fill the position. Criticism of the JSC reached a crescendo when Mogoeng was indeed nominated for the Chief Justiceship in August 2011.
Zuma's decision to appoint Mogoeng, despite his many critics, coupled with the partisan conduct of the JSC's political appointees during his interview, suggested to several commentators that the judicial appointment process had been captured by political interests. One commentator said the JSC had not seemed to apply its mind to Mogoeng's nomination at all.
Attacks on the judiciary
On 1 September 2011, in the midst of the controversy about Mogoeng's nomination, Ngoako Ramatlhodi wrote an op-ed in The Times which described the Constitution as "a grand and total strategy to entrench [white economic interests] for all times" by moving power out of government and into the judiciary – appointments to which had "frustrate[d]" racial transformation and been influenced by "white-dominated law societies". He criticised the "bashing" of the JSC and those who sought the judicial review of its decisions. Ramatlhodi's position, which he reiterated the following year, was widely condemned by Pierre de Vos, Vusi Pikoli and the media. The Mail & Guardian described Ramatlhodi as "the spearhead of the ANC's growing campaign to clip the wings" of the judiciary when, in February 2012, he proposed at an ANC national executive committee meeting that the Constitutional Court's powers should be "reviewed". Ramatlhodi's comments came in the wake of similar criticism of the judiciary by President Zuma, Gwede Mantashe and Blade Nzimande, and were supported by Jeff Radebe. In June 2012, Ramatlhodi once again criticised the judiciary, saying it had become a "new tyranny". The planned review of the Constitutional Court's decisions went ahead in August 2013, despite strong criticism from George Bizos, Mamphela Ramphele and others. The following year, commentators noted that some commissioners, like Ramatlhodi and Fatima Chohan, had become "fixated" on the separation of powers – a "euphemism" for their preference for judges "who will more likely defer to the executive". Chohan even said at a JSC session that she found it "disturbing" when people with "human rights activist tendencies" wanted to become judges.
The Zuma administration's attacks on the legitimacy of the judiciary have since intensified, especially in the wake of the 2015 al-Bashir scandal. After the departure from the JSC of Radebe, Ramatlhodi and Chohan in 2014, however, the attacks have generally not emanated from Commissioners – with the limited exception of Mathole Motshekga, who had, in 2013, before becoming a Commissioner, criticised a Constitutional Court judgment that upheld an opposition MP's challenge to the Rules of Parliament.
The JSC's attitude to the racial transformation of the judiciary has also proved highly controversial. In April 2013, Izak Smuts, a senior commissioner, circulated a discussion document in which he criticised the JSC's overemphasis on race, and neglect of merit, which tacitly barred white males from appointment and turned JSC interviews into a "charade". Other prominent commissioners, like Mogoeng and Ntsebeza, defended the JSC's approach, saying it was only applying the criteria formulated at the JSC's inception and that white males could still be appointed.
But when the JSC convened the following week, it was criticised for its "brutal" treatment of High Court judge Clive Plasket when he was interviewed for promotion to the Supreme Court of Appeal. Bellicose JSC members seemed to have selectively attacked Plasket – "improperly castigating" him, using him as a punch-bag "to release some pent-up frustration", and depicting him as opposed to the appointment of black judges despite his well-known anti-apartheid activism. He was ultimately not appointed, in favour of two candidates whom many South African lawyers regarded as obviously inferior. Smuts resigned in protest two days later, citing the JSC's "disturbing" appointment record which "has left a trail of wasted forensic talent in its wake". He cited the examples of Plasket, Geoff Budlender, Azhar Cachalia, Jeremy Gauntlett and Willem van der Linde.
In response, senior members of the JSC said that racial transformation was indeed "highest on the agenda", and that, since Smuts did not seem to agree, he "was correct" to resign. And Chief Justice Mogoeng gave a now "infamous" speech at an Advocates for Transformation event in which he said a "deliberate attempt is being made to delegitimize the JSC" through "scare tactics" and blamed this on "a well coordinated network of individuals and entities" – possibly apartheid agents, Mogoeng implied – "pretending to be working in isolation from each other". Mogoeng called on his audience to oppose "this illegitimate neo-political campaign to have certain people appointed". This speech was criticised for departing from the requirements of judicial impartiality and seeming to betray a racial bias. Paul Hoffman SC sought to have Mogoeng impeached on the basis that he had brought the judiciary into disrepute, but this complaint was itself widely criticised as "ill-considered" and "weak on the law" and was dismissed by the Judicial Conduct Committee.
For others, the problem was not that transformation was being over-emphasised, but that it was concealing the real reasons for the JSC's decisions. Two legal academics from the University of Cape Town wrote, for example, that the proposition that white males' merit was being ignored was "simply not borne out" by the facts, since 22 white males had been recommended for appointment between 2010 and 2012. The question was not, they said, "why is the JSC not appointing white men?", but "what is it about those white men who are not recommended that renders them unsuitable, in the JSC’s view, for appointment, by contrast with those who are recommended?". Some felt transformation was being used as a smokescreen behind which to appoint executive-minded judges – instead of ones with a strong and independent record, like Plasket. If transformation were the real issue, some suggested, then it was irrational that the judges who pipped Plasket were not questioned about transformation at all.
Several leading commentators, including retired Constitutional Court judge Zak Yacoob and Wits law professor Cathi Albertyn, said that the JSC's appointment criteria needed to be made clearer and more consistent. Some noted the stark and seemingly "unfair" difference in the treatment of certain interviewees. "We need to have clear, defined criteria and we need to be confident that politicians [who serve on the JSC] are acting in terms of [those] criteria", Albertyn said. Similarly, the National Development Plan 2030, drafted in late 2012 by senior ANC politicians Trevor Manuel and Cyril Ramaphosa, states as one of its goals: "Clear criteria for the appointment of judges must be put in place."
Many writers also criticised Smuts and the JSC for setting up a false opposition between transformation and merit. This was said to "border on racism" given the distinguished black candidates available. In addition, these writers said, transformation requires the appointment of judges with progressive values – not (only) of judges who are black – and is consequently an important component of merit. The National Development Plan endorses these sentiments too, since it adds that the revamped criteria for judicial appointments must "emphasis[e] the candidates' progressive credentials and transformative judicial philosophy and expertise".
The upshot of the JSC's approach is that it has repeatedly struggled to fill vacancies because insufficient candidates have applied; in the view of many, this is because few are willing to subject themselves to the unfair selection process.
Shortly after Smuts's resignation, the Helen Suzman Foundation took the JSC to court over its allegedly "irrational" refusal to appoint certain candidates. An earlier decision of the JSC taken in April 2011 had already been declared unlawful on this basis by the Supreme Court of Appeal. In September 2014, the Helen Suzman Foundation's interlocutory application to have the record of the JSC's deliberations made public was dismissed by the Western Cape High Court.
After the 2014 general elections, in which Zuma was re-elected, there were significant changes to the composition of the JSC. ANC hardliner Jeff Radebe was replaced by the more "balance[d]" Michael Masutha as Minister of Justice and Correctional Services. Nine of the ten parliamentary members of the JSC also departed, including Zuma loyalists Ngoako Ramatlhodi and Fatima Chohan, both strident opponents of "judicial activism". The most prominent incoming ANC members were Mathole Motshekga, Thoko Didiza and Thandi Modise. Commentators were broadly optimistic about these changes – albeit that "it was tempting to think" that former ANC Chief Whip Motshekga, who had criticised a 2013 Constitutional Court judgment upholding an opposition MP's challenge to the Rules of Parliament, "may be the kingpin of a political caucus" within the JSC. The Zuma administration retained its practice of appointing only ANC members from the NCOP, drawing criticism from the Democratic Alliance.
By far the most eye-catching newcomer was noted firebrand Julius Malema, the "Commander in Chief" of the Economic Freedom Fighters, whose appointment to the JSC was described by journalists as "shocking" and "jaw-dropping". Corné Mulder, of the far-right Freedom Front Plus, said the appointment was "outrageous". Legal analysts questioned whether it was appropriate for Malema, who was facing criminal charges, to be involved in the appointment of judges, but felt that his outspokenness could nevertheless be an asset – provided he avoided political grandstanding. It was noted, finally, that Malema had "crossed swords dramatically" with fellow newcomer Modise, who had had him thrown out of a parliamentary session.
Soon after the reshuffle, several commentators perceived a marked improvement in the conduct of the JSC's interviews, especially on questions about gender transformation in the judiciary. This was ascribed in part to Chief Justice Mogoeng's leadership and to the departure of ANC hardliners like Radebe, Ramatlhodi and Chohan. City Press even suggested the JSC was entering a "golden age".
After the retirement of Justice Thembile Skweyiya in May 2014, Mogoeng stated that he wanted to appoint a female judge in his place. The vacancy was then left open for over a year, as a series of female acting appointments were made instead, apparently to provide a test run. While Mogoeng's recognition of the pressing need for a female appointment was widely celebrated, the suggestion that he needed over a year to find one was said to be "patronising" and unconvincing. Worse, the dilatoriness in making a permanent appointment was criticised by commentators, who said it was corrosive of judicial independence and inconsistent with the South African Constitution. Mogoeng was also criticised for implying that no male applicants would be considered, thus compounding perceptions that the JSC's appointees were "preordained".
The JSC finally acted to fill the Skweyiya vacancy fourteen months after it arose. Four female candidates – Nonkosi Mhlantla, Leona Theron, Zukisa Tshiqi and Dhaya Pillay – applied, and all were interviewed and shortlisted on 9 July 2015. Mhlantla was finally appointed with effect from 1 December 2015, a decision which received lukewarm praise. The interviews had seen a reemergence of tensions between the executive and the judiciary, probably as a result of the saga over the government's failure to arrest Omar al-Bashir, which was reflected in the JSC's questions.
- Department of Justice. "The SA Constitution". www.justice.gov.za. Retrieved 2015-07-15.
- Rickard, Carmel. "The South African Judicial Service Commission".
- "The appointment of Judges | South African History Online". www.sahistory.org.za. Retrieved 2015-07-16.
- Tolsi, Niren (30 April 2015). "Bracing wind of change buoys JSC". Mail & Guardian. Retrieved 2015-07-16.
- "JSC Interview: Albie Sachs". Constitutional Court. 4 October 1994.
- "Constitutional Court Oral History Project: Albie Sachs" (PDF). 10 January 2012.
- "Constitutional Court Oral History Project: Dennis Davis" (PDF). 6 January 2012.
- "Constitutional Court Oral History Project: Johann Kriegler" (PDF). 24 November 2011.
- Cameron, Edwin (16 January 2012). "Constitutional Court Oral History Project" (PDF). Wits.
- "Editorial | Approaching the bench: the four candidates for the vacant Constitutional Court seat - African Legal Centre (ALC)". Retrieved 2015-07-16.
- Trengove, Wim; Moerane, Marumo (1998). "Judicial Service Commission" (PDF). SABar.
- Langa, Pius (26 July 2013). "Pius Langa: a man who knew the meaning of transformation". Retrieved 2015-07-17.
- "Constitutional Court of South Africa - Judges". www.constitutionalcourt.org.za. Retrieved 2015-07-17.
- "President of the Republic of South Africa and Others v South African Rugby Football Union and Others - Judgment on recusal application (CCT16/98)  ZACC 9; 1999 (4) SA 147; 1999 (7) BCLR 725 (4 June 1999)". www.saflii.org. Retrieved 2015-07-17.
- "Rugby boss forces Mandela into court". Retrieved 2015-07-17.
- Cleary, Mick; Donegan, Lawrence. "Afrikaans arrogance sours Springboks' taste of victory". the Guardian. Retrieved 2015-07-17.
- "World Cup Moments: A drop kick in the guts". New Zealand Herald. 2003-10-08. ISSN 1170-0777. Retrieved 2015-07-17.
- "Louis Luyt | South African History Online". www.sahistory.org.za. Retrieved 2015-07-17.
- Reporter, Staff (14 August 1998). "Which trial was the judge at?". Mail & Guardian. Retrieved 2015-07-17.
- Johannesburg, Chris McGreal in. "Anti-Mandela ruling an error, court finds". the Guardian. Retrieved 2015-07-17.
- "President of the Republic of South Africa and Others v South African Rugby Football Union and Others (CCT16/98)  ZACC 11; 2000 (1) SA 1; 1999 (10) BCLR 1059 (10 September 1999)". www.saflii.org. Retrieved 2015-07-17.
- Johnson, R.W. (2009). South Africa's Brave New World: The Beloved Country Since the End of Apartheid. Penguin.
- Beresford, David (16 May 2009). "Review: South Africa's Brave New World: The Beloved Country Since the End of Apartheid by RW Johnson". the Guardian. Retrieved 2015-07-17.
- "SPORTS - South Africa reaches the top in rugby union". www.hurriyetdailynews.com. Retrieved 2015-07-17.
- "Arsenault-Cameron v. Prince Edward Island,  3 SCR 851, 1999 CanLII 641 (SCC)".
- Botswana CA. "GAETSALOE v DEBSWANA DIAMOND CO PTY LTD 2010 3 BLR 550 CA".
- "General Council of the Bar of South Africa v Geach and Others, Pillay and Others v Pretoria Society of Advocates and Another, Bezuidenthout v Pretoria Society of Advocates (277/12, 273/12, 274/12, 275/12, 278/12, 280/12, 281/12)  ZASCA 175;  1 All SA 393 (SCA); 2013 (2) SA 52 (SCA) (29 November 2012)". www.saflii.org. Retrieved 2015-07-17.
- "Bizon v Bizon, 2014 ABCA 174 (CanLII)".
- McGreal, Chris (2 June 1999). "Mbeki under fire for veto of judge". The Guardian.
- "Zuma looks to Ngcobo as new chief justice". Mail & Guardian. 6 August 2009.
- Myburgh, James (29 August 2008). "The great Constitutional Court mystery". Politicsweb.
- "Constitutional Court Oral History Project: Edwin Cameron" (PDF). 16 January 2012.
- Alcock, Sello. "Motlanthe's hot potatoes". Retrieved 2015-07-16.
- Alcock, Sello. "Concourt post still not filled". Retrieved 2015-07-16.
- Erasmus, Janine (12 January 2009). "Cameron in Constitutional Court". www.mediaclubsouthafrica.com. Retrieved 2015-07-16.
- de Vos, Pierre (25 December 2008). "Newsflash: Edwin Cameron appointed to the Constitutional Court". Constitutionally Speaking. Retrieved 2015-07-16.
- "MOTLANTHE MAKES SOLID FIRST CHOICE FOR CONSTITUTIONAL COURT". Wikileaks. 30 December 2008. Retrieved 2015-07-16.
- Dugger, Celia W. (2009-01-23). "In South Africa, a Justice Delayed Is No Longer Denied". The New York Times. ISSN 0362-4331. Retrieved 2015-07-16.
- Pollkoff, Nancy (3 January 2009). "An Openly Gay Judge to Sit on South Africa's Highest Court". Retrieved 2015-07-16.
- Keller, Bill (2012-12-23). "Out in Africa". The New York Times. ISSN 0362-4331. Retrieved 2015-07-16.
- Grootes, Stephen (6 September 2011). "Judicial Service Commission, a body now firmly in the ANC hands". Daily Maverick. Retrieved 2015-07-16.
- de Vos, Pierre (1 September 2011). "Why Ramatlhodi promotes an autokratic kleptocracy". Constitutionally Speaking. Retrieved 2015-07-16.
- Rossouw, Mandy; Alcock, Sello S (29 May 2009). "Zuma's judges dilemma". Mail & Guardian. Retrieved 2015-07-17.
- Reporter, Staff (26 May 2009). "Parliament names JSC members". Mail & Guardian. Retrieved 2015-07-17.
- de Vos, Pierre (10 July 2009). "New JSC appointments bad news for Hlophe?". Constitutionally Speaking. Retrieved 2015-07-17.
- Calland, Richard (2013). The Zuma Years (extract). Zebra Press.
- Calland, Richard (21 August 2015). "Are judges in SA under threat or do they complain too much?". Mail & Guardian. Retrieved 2015-08-26.
- de Vos, Pierre (23 September 2009). "Not a bad list – all things considered". Constitutionally Speaking. Retrieved 2015-07-17.
- "The Presidency | President Zuma appoints four Constitutional Court judges". www.thepresidency.gov.za. Retrieved 2015-07-17.
- Grootes, Stephen (2009). "Zuma gets 3 out of 4 right with Con Court appointments". EWN. Retrieved 2015-07-17.
- "COURT SELECTIONS SHOW HOW CONCERNS ABOUT JUDICIAL INDEPENDENCE ARE HYPED". www.wikileaks.org. Retrieved 2015-07-17.
- du Plessis, Carien (1 October 2009). "Zuma announces Chief Justice - South Africa | IOL News". Independent Online. Retrieved 2015-07-18.
- Diakanyo, Sentletse (12 August 2009). "Ngcobo a bad choice for chief justice | Thought Leader". www.thoughtleader.co.za. Retrieved 2015-07-18.
- Kobrin, Leslie (10 August 2009). "Letter to De Rebus: Appointment of Chief Justice". www.boveattorneys.co.za. Retrieved 2015-07-18.
- de Vos, Pierre (31 July 2008). "Sandile Ngcobo Chief Justice?". constitutionallyspeaking.co.za. Retrieved 2015-07-18.
- SAPA (6 June 2011). "Zuma officially sidelines Moseneke – again". Independent Online. Retrieved 2015-07-21.
- "Thint (Pty) Ltd v National Director of Public Prosecutions and Others, Zuma and Another v National Director of Public Prosecutions and Others (CCT 89/07, CCT 91/07)  ZACC 13; 2008 (2) SACR 421 (CC); 2009 (1) SA 1 (CC); 2008 (12) BCLR 1197 (CC) (31 July 2008)". www.saflii.org. Retrieved 2015-07-18.
- Zapiro (11 August 2009). "Cartoon: Sandile Ngcobo appointed as Chief Justice". www.zapiro.com. The Times. Retrieved 2015-07-18.
- "Zuma extends Judge Sandile Ngcobo`s term of office - DOCUMENTS | Politicsweb". www.politicsweb.co.za. Retrieved 2015-07-21.
- "South African Groups Contest Zuma Decision to Extend Term of Chief Justice". Voice of America. 14 June 2011. Retrieved 2015-07-21.
- "Justice Alliance of South Africa v President of Republic of South Africa and Others, Freedom Under Law v President of Republic of South Africa and Others, Centre for Applied Legal Studies and Another v President of Republic of South Africa and Others (CCT 53/11, CCT 54/11, CCT 62/11)  ZACC 23; 2011 (5) SA 388 (CC); 2011 (10) BCLR 1017 (CC) (29 July 2011)". www.saflii.org. Retrieved 2015-07-21.
- Bauer, Nickolaus (27 July 2011). "Chief Justice Sandile Ngcobo hangs up his gavel". Mail & Guardian. Retrieved 2015-07-21.
- Grootes, Stephen (28 July 2011). "As Justice Ngcobo chooses honour over power, Zuma in a corner again". Daily Maverick. Retrieved 2015-07-21.
- Naidoo, Prakash (15 September 2011). "Dissatisfaction grows". Financial Mail. Archived from the original on 16 September 2011. Retrieved 16 September 2011.
- Khadalie, Rhoda (13 September 2011). "The JSC's apparatchiks on display". Politicsweb. Retrieved 25 July 2014.
- Press statement: JSC interview raises concerns about judicial appointment process. Retrieved 25 July 2014.
- Child, Katharine (5 September 2011). "Mogoeng interview: Did JSC fulfil its constitutional duty?". Retrieved 2015-07-17.
- "Call for fewer politicians on JSC". Independent Online. 7 February 2012. Retrieved 2015-07-16.
- Hoffman, Paul (30 May 2011). "How to fix the JSC". Politicsweb. Retrieved 2015-07-16.
- "DA To Push For Changes To Jsc Composition To Ensure Confidence In Judicial Independence". Democratic Alliance - Press Statement. 11 March 2012. Retrieved 2015-07-16.
- Schaefer, Debbie (11 March 2012). "ANC caucus on JSC deterring good judicial applicants - DA". Politicsweb. Retrieved 2015-07-16.
- Ramatlhodi, Ngoako (1 September 2011). "THE BIG READ: ANC's fatal concessions". Times LIVE. Retrieved 2015-08-02.
- Pikoli, Vusi (23 April 2012). "Ramatlhodi, you are dead wrong". Independent Online. Retrieved 2015-08-02.
- Forrest, Drew (17 February 2012). "Comeback kid Ramatlhodi returns with a vengeance". Mail & Guardian. Retrieved 2015-08-02.
- Jeffery, Anthea (21 October 2013). "Judiciary under attack from the ruling party, but holding firm" – via ACTS.
- Tamukamoyo, Hamadziripi (23 March 2012). "Double speak about judicial reform in South Africa raises alarm bells" – via Institute for Security Studies.
- Hawker, Dianne (20 May 2012). "Radebe defends court review". IOL.
- Mokone, Thabo (7 June 2012). "Ramatlhodi flays the judiciary" – via TimesLIVE.
- SAPA (26 August 2013). "HSRC, Fort Hare assigned court review". IOL.
- Oxtoby, Chris (16 October 2014). "The ambiguity of 'separation of powers'". Mail & Guardian. Retrieved 2015-08-06.
- Oxtoby, Chris (9 June 2014). "A week in the life of the JSC". The Con Mag.
- Eliseev, Alex (July 2015). "Political attacks on judiciary over al-Bashir are unacceptable". EWN.
- Smuts, Izak (5 April 2013). "The judiciary: Do white males not need apply?". Retrieved 18 May 2015.
- Rabkin, Franny (8 April 2013). "JSC tight-lipped over 'robust' debate on transformation document". Business Day Live. Retrieved 2015-07-18.
- Rabkin, Franny (10 April 2013). "White men can be judges in SA, says JSC". Business Day Live. Retrieved 2015-07-18.
- Tolsi, Niren (12 April 2013). "JSC conflict laid bare by inconsistency". Mail & Guardian.
- Rabkin, Franny (9 April 2013). "JSC grills Plasket on transformation debate". BDlive.
- "Which white judges? Debate about racial transformation is just a distraction, writes an advocate". City Press. 20 April 2013.
- Mokone, Thabo (10 April 2013). "Merit must trump race, says judge". Times LIVE. Retrieved 2015-07-17.
- Smuts, Izak (12 April 2013). "Why I'm resigning from the JSC". Retrieved 18 May 2015.
- "Advocate under fire over JSC". Sunday Independent. 14 April 2013.
- "Smuts 'was correct' to resign over JSC transformation row". Mail & Guardian. 15 April 2013.
- de Vos, Pierre (13 August 2013). "Mogoeng v Hoffman: Better not to roll around in the mud with the pigs". Constitutionally Speaking.
- Mogoeng, Mogoeng (6 July 2013). "The Duty to Transform" (PDF).
- Steward, Dave; Kruger, Johan (16 July 2013). "Mogoeng must beware of prejudice". The Star.
- Devenish, George (16 July 2013). "Mogoeng has prejudged JSC case". Business Day.
- Paul Hoffman (6 August 2013), "Why Mogoeng should be impeached".
- "Mogoeng impeachment call opposed". IOL. 13 August 2013.
- Grootes, Stephen (12 August 2013). "Mogoeng, Hoffman and the coming judicial race war". DailyMaverick.
- "Complaint against Mogoeng dismissed". eNCA. 10 September 2013.
- Oxtoby, Chris (29 July 2014). "New judicial watchdog is more than Malema". Mail & Guardian. Retrieved 2015-08-06.
- Radebe, MK (2014). "The Unconstitutional Practices of the Judicial Service Commission under the Guise of Judicial Transformation: Cape Bar Council v Judicial Service Commission". Potchefstroom Electronic Law Journal.
- Calland, Richard; Oxtoby, Chris (18 April 2013). "Rational, consistent process for choosing judges needed". Business Day Live. Retrieved 2015-08-06.
- "Yacoob laments 'subjective' judicial appointments". News24. City Press. 7 March 2013. Retrieved 2015-07-17.
- Albertyn, Cathi; Olivier, Morne (7 May 2013). "More to judicial change than the JSC thinks". www.wits.ac.za. Retrieved 2015-08-06.
- National Planning Commission (15 August 2012). "National Development Plan 2030 - Executive Summary" (PDF). www.gov.za.
- de Vos, Pierre (11 April 2013). "The JSC must redefine merit to advance judicial transformation". Constitutionally Speaking.
- Magwegwe, Frank (28 April 2013). "Transformation vs merit: Judicial transformation in South Africa".
- Cibane, Brad (16 April 2013). "JSC race-merit debate must not bring the judiciary into disrepute". Mail & Guardian: ThoughtLeader.
- Rabkin, Franny (8 August 2012). "Not enough candidates for judgeships - JSC". BDlive.
- Mabuza, Ernest (10 June 2013). "JSC taken to court over judicial appointments". Business Day.
- Judicial Service Commission and Another v Cape Bar Council and Another (2012) ZASCA 115.
- Helen Suzman Foundation v Judicial Service Commission and Others (2014) ZAWCHC 136.
- SAPA (24 June 2014). "Malema elected as JSC member". IOL.
- Rabkin, Franny (26 June 2014). "Importance of new JSC appointments goes beyond Malema". Business Day.
- "Jaws drop: Juju will now be appointing judges". eNCA. 25 June 2014.
- SAPA (26 June 2014). "Shock over Malema's JSC appointment". Chronicle.
- Williams, Allan (25 June 2014). "My lord! Malema to serve on JSC". HeraldLIVE.
- Hindle, Katy; Masengu, Tabeth (10 November 2014). "The new JSC and the patriarchy". The Con Mag.
- Tolsi, Niren (17 April 2015). "Bebop on the bench". The Con Mag.
- "News & Analysis: Is this the start of a JSC golden age?". Retrieved 2015-07-16.
- Rabkin, Franny (25 July 2014). "Top Courts appoints woman acting judge". BDlive. Retrieved 19 May 2015.
- Manyathi-Jele, Nomfundo (June 2014). "Constitutional Court bids farewell to Justice Thembile Skweyiya". De Rebus.
- Boonzaier, Leo (16 March 2015). "Acting up? The JSC and temporary appointments to the Constitutional Court". Retrieved 18 May 2015.
- Thamm, Marianne (19 March 2015). "Constitutional Court: JSC moves to fill vacancy after legal action threat". Retrieved 18 May 2015.
- "Judicial Vacancy: Constitutional Court", African Legal Centre (pdf).
- "Nonkosi Mhlantla appointed to Constitutional Court". African Legal Centre. Retrieved 2015-12-15.
- Rabkin, Franny. "Justice Mhlantla gets long-awaited top court appointment". Business Day. Retrieved 2015-12-15.
- Narsee, Aarti (12 July 2015). "Judges cross-examined on political matters" (PDF). Sunday Times.