Constitutional court ends support program for serving justices

Retired Justices to No Longer Assist Current Bench

The Office of the Chief Justice has announced the termination of a program that employed
retired justices to provide support services to those currently serving on the Constitutional
Court. This decision comes after concerns were raised about the potential compromise of
judicial independence following the proposed appointment of retired Justice Zak Yacoob in a
“support service” role.

Chief Justice Raymond Zondo had initially clarified that Yacoob’s role would involve reading
new applications and preparing memoranda for the serving justices. However, after a review,
the program has been discontinued.

The Council for the Advancement of the South African Constitution (Casac) welcomed the
move, stating that the use of retired justices to draft memoranda on pending applications
posed a risk of influencing the views of the current bench, potentially compromising their
independence.

The decision to terminate the support program aims to maintain the integrity and impartiality
of the Constitutional Court’s decision-making process. The independence of the judiciary is a
cornerstone of the country’s legal system, and any perceived influence or interference could
undermine public confidence.

While the support program may have been intended to assist the serving justices with their
workload, the concerns raised highlight the importance of upholding the principles of judicial
independence and avoiding potential conflicts of interest.