[pic]
NATIONAL COUNCIL OF PROVINCES
QUESTION FOR WRITTEN REPLY
PARLIAMENTARY QUESTION NO.: 195
DATE OF QUESTION: 04 MAY 2012
195. Mr M W Makhubela (COPE-Limpopo) to ask the Minister of Justice and
Constitutional Development:
1) Whether the register of all legal practitioners which also indicates
their gender assists the Judicial Service Commission (JSC) to fill
vacant judicial positions to meet transformation considerations
(details furnished); if not, why not; if so, what does the register
indicate regarding the (a) existing demographic totals of registered
and practicing judicial officers in terms of (i) Blacks and (ii) Whites
and (b) levels of experience;
2) (a) why has it become an imperative for the JSC to establish the
progressive credentials of all the candidates and (b) how will his
department avoid racial tension within the department?
CW259E
REPLY:-
1) I wish to bring to the attention of the Honourable Member that my
Department does not keep a register of all legal practitioners. The
only register of practitioners the Department maintains is the roll of
admitted advocates which is a requirement in terms of section 8 of the
Admission of Advocates Act, 1964 (Act No. 74 of 1964). This section
requires the Director-General of the Department of Justice and
Constitutional Development to keep a Roll of Advocates in which he/she
shall cause to be recorded the names of all persons deemed to have been
admitted and authorised to practice and to be enrolled as advocates and
not with regards to any other lawyer. As of April 2012, of the 4 762
advocates registered in the Roll of Advocates, 2Â 570 are White while
2Â 192 are Black (generic). There are 1Â 465 female advocates out of the
total of 4Â 762. On the other hand, the Law Society of South Africa
(LSSA) has a data base of all practicing attorneys. Both the Roll of
Advocates maintained by my Department and the database of practicing
attorneys maintained by the LSSA have no relevance in the appointment
of judges. Neither is the Judicial Service Commission required by any
law nor has it, as a matter of practice, used either the Roll of
Advocates or the database of attorneys for purposes of appointing
judges. The Honourable Member is referred to Government Notice R.423
published in Government Gazette No 24596 dated 27 March 2003,
which prescribes the procedure followed by the Judicial Service
Commission regarding the appointment of judges.
2) The requirements for appointment as a judge are spelt out in the
Constitution, namely that the Judicial Service Commission must appoint
any woman or man who is appropriately qualified and is a fit and proper
person to be a judge. A person appointed as a judge of the
Constitutional Court must also be a South African citizen. It is
neither a constitutional imperative nor a legislative requirement that
the Judicial Service Commission must establish the progressive
credentials of all candidates for their eligibility for appointment to
the bench. In assessing the candidatureâs fitness and properness for
appointment as a Judge, the Commission would, amongst others, establish
the candidateâs competence, diligence and his or her interpretation and
application of the law.