Judges matter more than ever. The Judicial Service Commission’s (JSC) decision to not recommend judge David Unterhalter to fill one of the two openings on the Supreme Court of Appeal (SCA) bench leaves little doubt that the judicial appointment process is in crisis.

Despite his being regarded by peers as one of the finest jurists in the country it was Unterhalter’s fifth  JSC refusal for appointment to the appellate bench, after applications to the Constitutional Court and the SCA. ..

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