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Helen Suzman Foundation v Judicial Service Commission and Others (145/2015) [2016] ZASCA 161

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Helen Suzman Foundation v Judicial Service Commission and Others (145/2015) [2016] ZASCA 161

3rd November 2016

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Recording of the private deliberations on judicial appointments by the Judicial Service Commission, properly conducted in terms of the Judicial Service Commission Act 9 of 1994 and regulation 3(k) made thereunder, does not form part of the record of its proceedings for purposes of Uniform rule 53(1)(b) – constitutional principles of openness and accountability are not absolute and the JSC is entitled to raise the defence of confidentiality to a rule 53 demand for the disclosure of the recordings of its private deliberations.

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