Judicial Service Commission of South Africa

South Africa's Judicial Service Commission (JSC) is a constitutionally established body that participates in selecting judges, judicial discipline and advising the national government on the judiciary. Its composition combines judges, legal professionals, legislators, executive representatives and a law teacher to balance judicial expertise with democratic participation.

Constitutional composition

Under Section 178, the JSC normally has 23 members, with additional provincial participation when it considers matters concerning a particular High Court.

• The Chief Justice chairs the Commission; the President of the Supreme Court of Appeal and one Judge President also serve on it.
• It includes the Cabinet member responsible for justice, four presidential designees, two practising advocates, two practising attorneys and one university law teacher.
• The National Assembly designates six of its members, including at least three from opposition parties.
• The National Council of Provinces designates four permanent delegates with the support of at least six provinces.
• For matters concerning a specific High Court, its Judge President and the relevant provincial Premier, or their alternates, join the Commission.

Variation in membership

When considering matters other than judicial appointments, the JSC sits without the six National Assembly members and four National Council of Provinces delegates. This distinction under Section 178(6) separates its appointment-related configuration from its other constitutional work.

Constitutional mandate

The JSC exercises powers assigned by the Constitution and national legislation and may advise the national government on any matter concerning the judiciary or administration of justice.

• Under Section 174, it advises on appointments to courts and prepares the list of candidates for vacancies among Constitutional Court judges other than its Chief Justice and Deputy Chief Justice.
• In recommending judges, the need for the judiciary broadly to reflect South Africa's racial and gender composition must be considered.
• Under Section 177, a judge may be removed only after the JSC finds incapacity, gross incompetence or gross misconduct, followed by the constitutionally required National Assembly resolution and presidential removal.
• The Commission's role differs across offices: some senior appointments require presidential consultation with it, while other judges are appointed on its advice.