The South African Judicial Appointments Process

Abstract

Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate this principle unequivocally in its appointments, processes, and jurisprudence.