Summary Chapter 15 of second semester PBL200, distinction worthy!

PBL 220

Judicial Authority – Chapter 15
 Previous sections handwritten.
 Section 174: appointment of judges:
o Sub section 1 – fit and proper and appropriately qualified
women/men may be appointed as judicial officers; they must
be South African to be appointed as judge of CC.
o Sub section 2 – appointment of judicial officers must take
into account gender/race representation.
o Sub section 3 – president appointments Chief Justice and
Deputy Chief Justice after consultation with JSC and NA,
president appoints President and Deputy President of SCA
after consultation with only JSC.
o Sub section 4 – other CC judges appointed by President
after consultation with Chief Justice and some members of
NA, the procedure is:
 4(a) JSC must provide name of nominees with 3 extra
names and submit list to president.
 4(b) President may make appointments from list and
provide reasons for any non-appointment.
 4(c) JSC must provide supplement list within which the
President will make appointments from.
o Sub section 5 – at least 4 members of CC must have been
judges.
o Sub section 6 – President appoints judges of all other courts
on the advice of the JSC.

, o Sub section 7 – Other judicial officers must be appointed in
terms of an Act of Parliament.
o Sub section 8 – judges must take an oath/affirm that they will
uphold and protect the constitution.
 Oath/solemn affirmation of judicial officers:
 6(1) provides for wording of oath and further
provides that this should take place before Chief
Justice.
 6(2) an appointment person to office of Chief
Justice who is not already a judge must
swear/affirm before Deputy Chief Justice.
 6(3) other judicial officers including acting judicial
officers other than judges must swear/affirm in
terms of national legislation.
 Section 175: appointment of acting judges:
o Sub section 1 – appointment of acting Deputy Chief
Justice/judge of CC is made by President, it must be in terms
of recommendation by cabinet member responsible for
administration of justice, Chief Justice and appointment of
Deputy Chief Justice must be from ranks of those
appointment to CC in terms of s174(4).
o Sub section 2 – cabinet minister responsible for
administration of justice appoints acting judge to other courts
after consulting senior judge of court on which the acting
judge will serve.

,  Section 176: terms of office and remuneration:
o Sub section 1 - CC judge hold office for a non-renewable
term of 12 years/until age of 70 whichever comes first,
unless where an Act of Parliament extends the term of office.
o Sub section 2 – other judges hold office until discharged in
terms of Act of Parliament.
o Sub section 3 – salaries, allowances and benefits of judges
may not be reduced.
 Section 177: removal of judges:
o Sub section 1 –
 (a) must suffer from incapacity, is grossly incompetent
or guilty of gross misconduct (finding made by JSC)
 (b) NA calls for removal on adoption of a resolution
calling for judge to be removed.
o Sub section 2 – President must remove a judge from office
upon adoption of a resolution calling for that judge to be
removed.
o Sub section 3 – President on advice of JSC may suspend a
judge who is subject of a procedure in terms on subsection
1.
 Section 178: judicial service commission (JSC) and its role in
appointments and removals:
o Sub section 1 – provides for composition of JSC.
 (a) Chief Justice who is presiding officer at
commissions meetings,
 (b) President of SCA,
 (c) one Judge President,