The Supreme Court of Appeal has supported the confidentiality of the Judicial Service Commission’s (JSC’s) deliberations, saying it is in the public interest to keep them closed. Over the years some of the appointment decisions of the JSC, which selects SA’s judges, have been severely criticised, prompting calls for greater transparency in the appointment process. In this case, the Helen Suzman Foundation was challenging the JSC’s 2012 decision to overlook highly respected senior counsel Jeremy Gauntlett for appointment to the High Court in Cape Town. The JSC holds its interviews in the open and allows the public access to questionnaires and other documents that candidates submit. It has in recent years also begun to give reasons for its decisions when asked. But the deliberations where the merits of candidates are discussed have always been held behind closed doors. The foundation had asked the JSC for the "record" of its decision to overlook Gauntlett in order to challenge it. Whe...

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