South Africa—Analysing a Commission Model

Abstract

This essay is an analysis of the working and performance of the South African Judicial Service Commission (JSC). This essay describes how the JSC has been successful in enhancing transparency in the selection process and improving diversity in the judiciary. The essay remains categorical about the South African judiciary being independent and credible, even in the face of apprehensions by the JSC’s detractors of undue political interference in appointments. This essay makes an important point that the independence of the judiciary remains contingent on several variables, and the identity of those making the appointments is just one such factor. Thus, this essay critically analyses the JSC as an example of the commission model. Upon a concise assessment of the JSC’s functioning, this essay highlights some general trends which offer insights for the judicial appointments process in India.