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The South African Judicial Appointments Process

Osgoode Law Journal, Vol. 44, No. 565

12 Pages Posted: 26 Dec 2007  

Penelope Andrews

University of Cape Town (UCT) - Faculty of Law


Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate this principle unequivocally in its appointments, processes, and jurisprudence.

Keywords: Judiciary, constitutionalism, race, women

JEL Classification: K10, K19, K40

Suggested Citation

Andrews, Penelope, The South African Judicial Appointments Process. Available at SSRN:

Penelope Andrews (Contact Author)

University of Cape Town (UCT) - Faculty of Law ( email )

Private Bag
Rondebosch 7701
South Africa
021-650-2706 (Phone)

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