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,
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