South Africa’s new chief justice: why the wheels came off the appointment process

HUGH CORDER|

THERE has been an outpouring of critical comment about the interviews of candidates for appointment to the office of chief justice in South Africa.

Many now argue that the Judicial Service Commission urgently needs reform. Observers may be surprised by the vehemence of the outcry and the degree of antagonism generated.

But taking a look back at developments over the last year, combined with an analysis of the appointment process – particularly the role of the Judicial Service Commission – the outcome isn’t that surprising.

Almost a year ago I argued that the stakes were high. In the intervening period several events have taken place that have further exacerbated tensions. One manifestation was the grossly unfair, and at times deplorable, nature of the public interviews for the position. The unfolding drama also underscored weaknesses that had been crying out to be fixed.

I argue that at least eight forces have played a significant role in bringing South Africa to this