National If you say it in private, you have to stand by it in public, top court says BL PREMIUM

Private deliberations over which legal professionals should be appointed as judges will no longer be shielded from scrutiny following a landmark ruling in the Constitutional Court. In a majority decision, the country’s highest court has made it clear that Judicial Service Commission (JSC) members must be expected to stand publicly by what they say about prospective judges in private. The Constitutional Court ruled that an October 2012 recording of such deliberations, which the JSC argued should remain confidential, must be handed over to the Helen Suzman Foundation. The ruling will pave the way for recordings of other previously "secret" JSC discussions to be made available to parties seeking to challenge the commission’s recommendations for the appointment of judges. In a majority judgment, Justice Mbuyiseli Madlanga stressed the importance of the judiciary in a functional democracy and said its strength relied on "ensuring our judicial appointment processes are able to attract and...