Like the interviews held earlier this year, the outcome has left us wondering if the JSC, in its choice of judges, is applying some criteria that it is not sharing with us. Its task is to select the judges who are most appropriate for whatever division of the judiciary the commission is interviewing for.
However, the past two rounds of interviews, in April and this week, have raised fears that there are political considerations that now outweigh judicial merit in the selection of the judges. The big question with the interviews this week was whether the JSC had deliberately excluded the only two white applicants, Judge David Unterhalter and senior counsel Alan Dodson, purely based on their race.
And this is precisely what is wrong with the JSC: it cannot justify why, in an open society such as ours, it should not be upfront with its rationale behind its decisions. The failure to explain its decisions has become common practice over the years, but can no longer be justifiable, especially when its appointments have been so contentious.
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