[pic]
DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
REPUBLIC OF SOUTH AFRICA
NATIONAL COUNCIL OF PROVINCES
PARLIAMENTARY QUESTION FOR WRITTEN REPLY
PARLIAMENTARY QUESTION NO.: 159
Mr J M Bekker (DA âWC) asks the Minister of Justice and Constitutional
Development:
(1)Â Â Â Â Â Â Â What are the selection criteria for applicants for posts of
(a) Public Prosecutors and (b) Magistrates;
(2)Â Â Â Â Â Â Â Are applicants only selected in respect of their minimum
qualifications; if not,
what is the position in this regard; if so, what is the
relevant details/criteria ?
3) Are applicants subjected to personality tests; if not, what is
the position in this
regard; if so, what is the relevant details/criteria?
REPLY:-
Public Prosecutors
(1)(a) There are various levels of prosecutor posts and the
selection criteria for each of these vary. The proposed
Occupation Specific Dispensation (OSD) will also have a
significant impact on the years of experience which is required
for appointment on each level. The formal qualifications in
respect of all levels of prosecutors in the lower courts are the
same i.e. a recognised three year legal degree or diploma
obtained from a university in the RSA, including but not limited
to, the degrees baccalaureus iuris or baccalaureus procurationis
or the diploma iuris, which includes at least a course in each
of the following:-
⢠Law of evidence
⢠Civil procedure
⢠Criminal procedure
⢠Criminal law
⢠Interpretation of statutes.
Provided that for purposes of the appointment of a person as a
prosecutor in a lower court after 1 January 2006, a legal
diploma will not be regarded as an appropriate legal
qualification.
The formal qualifications required in respect of State Advocates
are an LLB (or an equivalent recognised and certified law
degree).
The general job specific requirements for prosecutors is a
positive security clearance. In some instances, a valid
driverâs licence is required or deemed to be a recommendation.
In respect of State Advocates, the job requirements are, in
addition to the above, admission to the Bar or the right to
appear in a High Court as contemplated in Section 2 and 3(4) of
the Right of Appearance in Courts Act, 1995 (Act No. 62 of
1995).
There are certain qualifying periods for progression which is
due to becoming more stringent after the implementation of the
OSD. For eg:
⢠A period of 4 years will be required for appointment as a
Regional Court Prosecutor,
⢠A period of 5 years for a Junior State Advocate, and
⢠A period of 8 years will be required for appointment on the
level of a Senior Public Prosecutor or Senior State
Advocate.
(2) The National Prosecuting Authority (NPA) has a Recruitment and
Selection Policy in terms of which applicants are short-listed
interviewed by a pre-approved representative selection committee
(panel) of at least three (3) members. The interview is
structured and all applicants are asked the same questions as
pre-determined by the specific panel. The format is flexible
and the panel can probe deeper into an issue from answers
provided. The questions are based on job requirements. The
selection committee uses a pre-determined questionnaire to
obtain information on training, skills, competence and the
necessary knowledge to meet the inherent job requirements of the
past, as well as a scorecard. Weights are attached to each of
the competencies. Score sheets and answers are completed for
individual candidates, and the score guides the panel on the
suitability of the particular candidate for the position.
The selection committee (panel) thereafter makes a
recommendation on the suitability of the candidates, also taking
into account equity requirements.
(3) In addition to the interview, other assessment tools such as
competency assessments, case studies, simulation exercises and
role-plays may be used, depending on the requirements of the
jobs. The NPA may conduct competency assessments in respect of
all positions, but the assessments are compulsory in respect of
all Senior Management (SMS) appointments.
Applicants are not at this stage subjected to personality tests.
There is indeed a need for the development of such tests, as
well as emotional intelligence assessments. The NPA is in the
process of developing assessment procedures and scientific valid
and reliable tools to be used during the selection process.
Magistrates
(1)(a) Regulation 3 of the Regulations for Judicial Officers in
the Lower Courts, 1994 determines the following requirements for
the appointment of magistrates:
â(1) No person shall be appointed as a magistrate, unless he -
(a) is a South African citizen or has been lawfully
admitted to the Republic for permanent residence
therein and is ordinarily resident in the Republic;
(b) is a fit and proper person;
(c) is, according to the health questionnaire referred to
in regulation 4(2)(b), in good health: Provided that
if there is uncertainty in respect of the good health
of an applicant, the Commission may request that he
subject himself to a health examination at his own
expense and submit a medical report on his health:
Provided further that if the health questionnaire
referred to in regulation 4(2)(b) is older than three
months from the date of examination, or his medical
report is older than six months from the date of
examination, a new health questionnaire or medical
report may be requested by the Commission;
(d) is competent in the official languages in which, to
the opinion of the Commission, he should be
competent;
(e) has the legal qualifications referred to in the
Magistratesâ Courts Act, 1944 (Act No. 32 of 1944);
and
(f) (i) has successfully completed an applicable course
(the duration, content and extent of which shall be
specified by the Chief of the Justice College after
consultation with the Commission) to the satisfaction
of the Chief of the Justice College or a person
designated by him; and
(ii) has, after the successful completion of the
course referred to in subparagraph (i), for a
substantive period of six months, to the satisfaction
of the Commission, occupied the office of a judicial
officer in respect of which he is a candidate in an
acting or temporary capacity:
Provided that the Minister may, on the recommendation
of the Commission, exempt a candidate from the
requirements of paragraphs (i) or (ii) or both
paragraphs.â
With regard to the reference in regulation 3(1)(e) above
the Magistratesâ Courts Act, No 32 of 1944 determines as
follows:
â9(1)(b) No person shall be appointed as a magistrate of a
regional division unless he or she has satisfied all
the requirements for the degree of baccalaureus legum
of a university in the Republic or has passed the
Public Service Senior Law Examination or an
examination deemed by the Minister to be equivalent
or superior to the said examination, and the
Magistrates Commission has informed the Minister that
he or she is suitable for appointment as a magistrate
of a regional division.
10 Qualifications for appointments of judicial officers
Subject to the provisions of the Magistrates Act,
1993 (Act 90 of 1993), and of section 11 -
(a) a person who has not before the commencement of the
Magistrates Amendment Act, 1998, held a substantive
appointment as magistrate shall not hold such an
appointment and a person who has not before the
commencement of the Magistrates Amendment Act, 1998,
held a substantive appointment as assistant
magistrate shall not hold such an appointment, unless
in either case he or she has passed the civil service
lower law examination or an examination declared by
the Minister to be equivalent thereto;
(b) in recommending any person for appointment as a
magistrate, additional magistrate or assistant
magistrate the Magistrates Commission may give
preference to a person who holds a degree in law of a
university in South Africa, or has passed the Civil
Service Higher Law Examination or an examination
deemed by the Commission to be equivalent thereto.â
The Magistrates Commission has approved the following general
criteria for purposes of short-listing candidates for posts of
Magistrate (all levels):
⢠Section 174(2) of the Constitution
⢠Experience
⢠Qualifications
⢠Specific needs of the office (e.g. Head of Office, civil court
post, single
Magistrate station, etc).
The following general criteria have been approved by the
Magistrates Commission for interview purposes:
⢠Qualifications
⢠Legal knowledge and/or potential
⢠Section 174(2) of the Constitution
⢠Language proficiency and communication capability
⢠Vision
⢠Commitment to transformation and development
⢠Social context sensitivity
⢠Interpersonal relationships
⢠Integrity
(2) As can be gleaned from the above information, the Magistrates
Commission applies a set of criteria to determine the
suitability of candidates for the appointment as a Magistrate
and they are therefore not only selected on the basis of their
minimum qualifications.
(3) Applicants for posts of Magistrates are not subjected to
personality tests. Once candidates have been short-listed, they
are interviewed according to the criteria mentioned above to
determine their suitability for appointment to the lower court
bench.