The Constitutional Court yesterday grappled with whether the JSC should disclose recordings of its secret deliberations before voting on judicial appointments, notes a TimesLIVE report. It says the Helen Suzman Foundation (HSF) has been arguing on this issue since 2013 following its decision to review – in the Western Cape High Court – the recommendation by the JSC that Mokgoatji Dolamo be appointed to the Bench of the High Court instead of advocate Jeremy Gauntlett SC.

The Western Cape High Court and the Supreme Court of Appeal held that the JSC’s deliberations did not automatically form part of the record as contemplated in Rule 53 of the Uniform Rules of Court which states that when a decision goes on review‚ the record of the decision that is challenged must be handed over to court.

David Unterhalter SC, for the HSF, yesterday told the Constitutional Court that to allow the JSC to circumvent the requirement to produce a copy of the recording and instead rely in the summary‚ was to defeat the very purpose of delivering the record under Rule 53. However‚ Ismail Jamie SC‚ for the JSC‚ said the HSF was given the Rule 53 record of decision which the commission considered relevant. Jamie said it gave reasons why Gauntlett was not appointed‚ based on the summary of positions taken by commissioners.

The court reserved judgment.

Full TimesLIVE report