- The Judicial Service Commission has invited public submissions on revised procedures for judicial appointments.
- The proposals introduce clearer rules on shortlisting, interviews, voting and handling confidentiality breaches.
- Written comments must reach the JSC by Thursday, 17 September 2026.
The Judicial Service Commission (JSC) has called on South Africans, legal bodies and civil society organisations to submit written comments on sweeping revisions to the procedures that govern how judges are shortlisted, interviewed and recommended for appointment.
The public consultation, announced on 15 September 2026, gives stakeholders just two days to provide feedback before the closing date of Thursday, 17 September 2026. The revised framework also introduces formal procedures for dealing with alleged breaches of confidentiality and ethical standards by members of the Commission.
JSC says reforms strengthen transparency
According to the JSC, the revised procedures were developed under its constitutional mandate to determine its own processes following a review of procedures previously published in 2018.
The JSC says the changes are intended to create a clearer and more transparent framework for every stage of the judicial appointment process, including the nomination of candidates, shortlisting, public interviews, confidential deliberations, voting and recommendations made to the President.
The revised procedures also establish a formal approach for considering the transfer of judges between High Courts and outline how the JSC should respond when there is a reasonable basis to believe that one of its members may have breached duties of confidentiality, legal obligations or applicable ethical and professional standards.
Major changes proposed
The consultation document proposes several procedural reforms that would reshape how judicial appointments are conducted.
Under the revised framework, judicial vacancies would continue to be publicly advertised and nominations invited, while members of the JSC would be permitted to make motivated submissions to the Screening Committee identifying candidates they believe should appear on the shortlist.
The proposals further provide that shortlisted candidates will be published for public comment, interviews will ordinarily be conducted in public and be open to the media, while the JSC’s deliberations will remain confidential.
Voting would take place by secret ballot on a candidate-by-candidate basis, and candidates would have to obtain the prescribed majority before being recommended for appointment. The names of successful candidates would then be publicly announced following the voting process, with the President receiving both the recommendations and the Chairperson’s recorded reasons supporting them.
Public invited to shape the final rules
The JSC says it is specifically seeking comment on whether the revised procedures adequately promote transparency, fairness and consistency in the consideration of candidates.
Stakeholders are also encouraged to assess whether the proposals provide meaningful opportunities for public participation, strengthen accountability and integrity within the Commission, protect confidential information appropriately and comply with the constitutional and legislative framework governing the JSC.
The consultation additionally asks whether the proposed mechanisms for addressing breaches of confidentiality, legal duties and ethical standards by JSC members are sufficiently robust.
Deadline falls on 17 September
Written submissions must clearly identify the provisions being commented on and, where appropriate, propose alternative wording or amendments. The JSC has confirmed that no comments received after 17 September 2026 will be considered.
Comments may be emailed to MSongca@judiciary.org.za and SMthombeni@judiciary.org.za, with JSC@judiciary.org.za copied, or delivered to the Secretariat of the Judicial Service Commission at the Office of the Chief Justice in Midrand or the Registrar’s Office at the Constitutional Court in Braamfontein.
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