South Africa Case Law

Acting Chairperson: Judicial Service Commission and Others v Premier of the Western Cape Province (537/10)

Acting Chairperson: Judicial Service Commission and Others v Premier of the Western Cape Province (537/10) [2011] ZASCA 53; 2011 (3) SA 538 (SCA); [2011] 3 All SA 459 (SCA) (31 March 2011)

Court

Supreme Court of Appeal

Case number

537/10

Judges

HARMS DP, CLOETE JA, LEWIS JA, PONNAN JA, MAJIEDT JA

The Supreme Court of Appeal held that the Premier of the Western Cape Province was entitled to participate in the Judicial Service Commission proceedings concerning complaints against the Judge President of the Western Cape High Court, as these were matters relating to a specific high court in her province. The JSC was not properly constituted because the Premier was not notified and absent, and the decisions taken were not supported by a majority of all members entitled to be present, as required by section 178(6) of the Constitution. The relief granted by the court a quo, declaring the JSC'…

Source excerpt

• Judicial Service Commission Composition
• Majority Vote Requirement
• Premier Participation
• Gross Misconduct Investigation
• Constitutional Interpretation