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Constitutional Law [2016] ZASCA 161

Helen Suzman Foundation v Judicial Service Commission and Others (145/2015)

Helen Suzman Foundation v Judicial Service Commission and Others (145/2015) [2016] ZASCA 161; [2017] 1 All SA 58 (SCA); 2017 (1) SA 367 (SCA) (2 November 2016)

The Supreme Court of Appeal held that the Judicial Service Commission's private deliberations do not form part of the record of proceedings for purposes of Uniform rule 53(1)(b). The confidentiality of the JSC's deliberations is protected by statute, regulation, and constitutional principles, and serves legitimate public interests, including the protection of candidates' dignity and privacy and the efficacy of the judicial selection process. The court found that the reasons compiled by the Chief Justice and provided to the applicant were sufficient for the purposes of review, and that disclos…

  • Judicial Service Commission Act
  • Uniform Rule 53
  • Confidentiality Of Deliberations
  • Access To Information
  • Openness And Accountability
  • Review Proceedings
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