Zuma should reject judicial nominees that don’t meet ‘gender, racial imperatives’
THE Commission for Gender Equality (CGE) has recommended that President Jacob Zuma should reject recommendations for judicial appointments that do not address "gender and racial equity imperatives", the presidency said on Tuesday.
This follows an investigation by the CGE that sought to address long-standing concerns about the lack of gender diversity in SA’s judiciary — despite a constitutional injunction that the Judicial Service Commission (JSC) must consider the need for the judiciary to "broadly reflect" SA’s population in terms of race and gender.
The investigation followed a complaint from Sonke Gender Justice Network and the Democratic Governance and Rights Unit based at the University of Cape Town.
The CGE said on Tuesday the report the presidency was referring to was only an interim, draft one and that the commission was awaiting further feedback from the parties involved before releasing its final report.
The presidency’s statement said the CGE found in its investigation that there was "a slow pace of gender transformation in the judiciary" — applicable to both permanent and acting judicial appointments.
The CGE identified "critical barriers" to gender transformation, including a lack of certainty in the procedures and the criteria for appointment used by the JSC and a lack of women leadership in the legal professional bodies such as the Law Society of South Africa.
The presidency said the commission had recommended that bars and law societies "develop gender equality codes", which will ensure gender equality prevails in all the activities of their organisations.
It also recommended that the Department of Justice and Constitutional Development should draft a law that would deal with gender transformation in the judiciary; and that the president should reject recommendations for judicial appointments that "do not address gender and racial equity imperatives that are enshrined in the Constitution," said the presidency.
It said Mr Zuma had noted the recommendations and that they would be processed by the relevant government departments.
When it comes to the Constitutional Court, the Constitution says the president may advise the JSC that a nominee is unacceptable.
However, with other judicial appointments, the president "must" appoint on the advice of the JSC.
President Jacob Zuma. Picture: GCIS
THE Commission for Gender Equality (CGE) has recommended that President Jacob Zuma should reject recommendations for judicial appointments that do not address "gender and racial equity imperatives", the presidency said on Tuesday.
This follows an investigation by the CGE that sought to address long-standing concerns about the lack of gender diversity in SA’s judiciary — despite a constitutional injunction that the Judicial Service Commission (JSC) must consider the need for the judiciary to "broadly reflect" SA’s population in terms of race and gender.
The investigation followed a complaint from Sonke Gender Justice Network and the Democratic Governance and Rights Unit based at the University of Cape Town.
The CGE said on Tuesday the report the presidency was referring to was only an interim, draft one and that the commission was awaiting further feedback from the parties involved before releasing its final report.
The presidency’s statement said the CGE found in its investigation that there was "a slow pace of gender transformation in the judiciary" — applicable to both permanent and acting judicial appointments.
The CGE identified "critical barriers" to gender transformation, including a lack of certainty in the procedures and the criteria for appointment used by the JSC and a lack of women leadership in the legal professional bodies such as the Law Society of South Africa.
The presidency said the commission had recommended that bars and law societies "develop gender equality codes", which will ensure gender equality prevails in all the activities of their organisations.
It also recommended that the Department of Justice and Constitutional Development should draft a law that would deal with gender transformation in the judiciary; and that the president should reject recommendations for judicial appointments that "do not address gender and racial equity imperatives that are enshrined in the Constitution," said the presidency.
It said Mr Zuma had noted the recommendations and that they would be processed by the relevant government departments.
When it comes to the Constitutional Court, the Constitution says the president may advise the JSC that a nominee is unacceptable.
However, with other judicial appointments, the president "must" appoint on the advice of the JSC.
