20 Dec 2022

The Judicial Service Commission (JSC) is empowered by Section 103(5) of the Constitution to regulate its own procedure which is adapted from time to time to enhance its effectiveness, Minister of Justice Mr Machana Shamukuni has said.

Responding to a parliamentary question, Mr Shamukuni said that advertising vacant positions of the High Court were an example of the adaptation in the appointment procedure that was introduced, including introduction of a comprehensive sworn application.

He said the JSC also introduced a new appointment procedure which called for annual advertised call for expressions of interest to encourage prominent and outstanding lawyers to indicate their willingness to serve on the bench if available when the vacancy occurs.

“Judicial appointments are very important and great care must be taken in the public interest to ensure that only those whose professional and private lives are above reproach and who are outstanding performers are appointed,” he said.

Mr Shamukuni explained that JSC considered that if a candidate does not wish to be transparent in all respects, then his or her appointment would not be safe.

He also noted that all the information provided in the application forms was provided in the strictest confidence.

He said JSC’s new appointment procedure for the appointment of the High Court Judges was introduced to the public in 2018 through a notification in various media outlets.

He said the new procedure arose from the in-depth debate on the effectiveness of the existing system of ad hoc vacancy advertisements. He said the new procedure was agreed to by all members of the commission comprising representatives of the public, government, Law Society and the Judiciary.

The minister, however, said the JSC noted that over the years, senior, prominent and outstanding lawyers were not applying for vacant posts as they are successful in their own right and have no need to apply for the job. “Rather they would wish to serve the country as Judges if selected for interview by the JSC itself,” he said.

He said the new procedure sought to combat this issue by introducing the call for expression of interest.

“This procedure will ensure that the JSC has a list that includes prominent and outstanding lawyers to shortlist from which doesn’t involve them applying. Only those who confirm their availability at the time of a vacancy will be called for interview at that time,” he explained.

M Shamukuni also noted that in recent years, the commission enhanced the selection process by introducing new procedures such as Competency-based assessments from independent assessment centres as well as background checks on all shortlisted candidates prior to appointment of judges.

These are the newly introduced procedures designed to enhance the selection process and the JSC will continue to use these procedures until they see it fit to adapt the process further, he said.

Okavango legislator Mr Kenny Kapinga had wanted to know reforms the minister was contemplating on the Constitution of the Judicial Service Commission in particular appointment of commissioners, advertisements of posts for judges and transparency on the recruitment and selection of judges.

He also asked about interventions to address alleged interference with the independence of Judges. ENDS