The procedure for the selection of candidates for appointment as Judges of the Constitutional Court in terms of section 174(4) and (5) of the Constitution shall be as follows—
| (a) |
The Chief Justice shall inform the Commission when a vacancy occurs or will occur in the Constitutional Court. |
| (b) |
The Commission shall announce the vacancy publicly and call for nominations by a specified closing date. |
| (c) |
A nomination contemplated in paragraph (b) shall consist of— |
| (i) |
a letter of nomination which identifies the person making the nomination and the candidate; |
| (ii) |
the candidate's written acceptance of the nomination; |
| (iii) |
a detailed curriculum vitae of the candidate which shall disclose his or her formal qualifications for appointment as prescribed in section 174(1) of the Constitution, together with a questionnaire prepared by the Commission and completed by the candidate; and |
| (iv) |
such further pertinent information concerning the candidate as he or she or the person nominating him or her, wishes to provide. |
| (d) |
After the closing date, all the members of the Commission shall be provided with a list of the candidates nominated, together with the nomination in respect of each candidate, with an invitation to— |
| (i) |
inform the screening committee, prior to the meeting of the screening committee, of the names of the candidates, if any, who they feel strongly should be included in the shortlist of candidates to be interviewed, for consideration by the screening committee and; |
| (ii) |
the signification of the preferred name(s) must be accompanied by a written motivation. |
| (e) |
The screening committee shall at its meeting, prepare a shortlist of candidates to be interviewed, which shall include those who qualify for appointment and who in the opinion of the majority of the members of the screening committee, have reasonable prospect of selection for appointment. |
| (f) |
The shortlist shall then be published for comment by a specified closing date. |
| (g) |
After the closing date referred to in paragraph (f), the shortlist, together with the nomination of every shortlisted candidate, as well as all the comments received on a shortlisted candidate, shall be distributed to all members of the Commission. |
| (h) |
The Commission shall interview all shortlisted candidates. |
| (i) |
The interviews contemplated in paragraph (h) shall be open to the public and the media. |
| (j) |
After completion of the interviews, the Commission shall deliberate in private and shall after deliberation decide upon the candidates to be recommended for appointment by a majority vote. The voting process shall be conducted by way of secret ballot. |
| (k) |
The Chairperson of the Commission shall distil and record the Commission's reasons for recommending the candidates selected. |
| (l) |
If further candidates have to be recommended in terms of section 174(4) of the Constitution, the Commission may in its discretion select them— |
| (i) |
from the candidates already interviewed mutatis mutandis in accordance with the procedures described in paragraphs (j) to (m); or |
| (ii) |
by repeating the whole process mutatis mutandis in accordance with the procedures described in paragraphs (b) to (m). |
| (m) |
The Commission shall announce publicly the names of the recommended candidates. |
| (n) |
The Commission shall advise the President of the Republic of the names of the recommended candidates for appointment and of the reasons for their recommendation. |
Statistics Act, 1999
