Constitutional Court appointments

  • Candidates must be independent and can't be members of Parliament, government, or any political party.
  • Candidates must obtain the necessary "clearance certificate" from their professional bodies, which should include any pending disciplinary action.
  • Members of the public nominate their preferred candidates by submitting motivational letters to the secretary of the Judicial Services Commission.
  • After holding public interviews, the JSC draws up a shortlist of candidates. The shortlist must include three more candidates than the number of vacancies.
  • The president of South Africa, after consultation with the chief justice and the leaders of all the political parties represented in the National Assembly, chooses the judges from the list.
  • The president of South Africa chooses the chief justice and deputy chief justice after consultation with the JSC.
  • Makeup of the JSC

  • The chief justice, who presides over meetings of the JSC.
  • The president of the Supreme Court of Appeal.
  • One judge president designated by the judges president.
  • The justice minister.
  • Two practising advocates nominated from within the advocates profession and appointed by the president.
  • Two practicing attorneys nominated from within the attorney's profession and appointed by the president.
  • One teacher of law designated by the teachers of law at South African universities.
  • Six members of Parliament (at least three must be from opposition parties), elected by the National Assembly.
  • Four permanent delegates to the National Council of Provinces.
  • Four persons designated by the president as head of the National Executive, after consulting the leaders of all the parties in the National Assembly.