Global Judicial Integrity Network Updates Special Edition 'Views' Review | Page 31

VIEWS Effective Judicial Selections and Appointments Judge Sanji Monageng is currently serving as a judge at the International Criminal Court (ICC). She has previously worked as a judge at the High Court of the Kingdom of Eswatini, as well as at the High Court in the Gambia. She has additionally served as Executive Secretary of the Law Society of Botswana and has been a member of the African Commission on Human and People’s Rights since 2003. The effectiveness of any judiciary depends upon its perceived legitimacy, especially in the eyes of the public. This perception requires not only that the judges uphold the highest standards of integrity and independence, but also that States respect judicial independence and do not undermine judicial decisions. for conducting such interviews and recommendations, must be sufficiently independent, as well as sensitive, for instance, to issues of gender. A successful judiciary is one whose members are appointed following a rigorous process assessing both the candidate’s legal qualifications, as well as integrity. Such adoption will, however, not amount to much if the Guidelines are not implemented effectively. This then leads us to question how to maximize the success of these efforts. Regarding implementation, it is my opinion that States must make specific and measurable commitments. Those commitments must be monitored: A successful judiciary is one whose members are appointed following a rigorous process assessing both the candidate’s legal qualifications as well as integrity. Different countries’ constitutions and other laws provide for different requirements, but it is crucial that only the best people are appointed to judicial positions. Judiciaries should not be politicized — this means that ruling parties should not appoint judges who will be answerable to them and not to the constitution and members of the public. It is also crucial that the judicial service commissions, the bodies responsible As a judge formerly practising in various jurisdictions across Africa, I subscribe fully to the endeavour of the Southern African Chief Justice Forum to create Best Practice Guidelines for Judicial Selection and Appointment of Judges. This is a noble exercise, which if adopted would stand these countries in good stead. -at the national level through, for example the establishment of independent internal monitoring bodies, -through the Periodic Reports that the States Parties submit to the African Commission on Human and Peoples’ Rights every other year, -and through the Special Procedures reports to the United Nations Human Rights Council. With respect to monitoring, States will have to work hard to find ways to change the present mindset because in most countries the executive plays a far too dominant role in the selection and appointment of judicial officers, 31