Premier of the Western Cape Province v Acting Chairperson: Judicial Service Commission and Others (25467/2009) [2010] ZAWCHC 80

31st March 2010

The Constitution of the Republic of South Africa, 1996 - Judicial Services Commission -composition of the JSC - interpretation of section 178(1)(k) of the Constitution - the premier of a province is entitled to sit as a member of the JSC when it considers a matter relating to the composition of a court of the province - this includes a sitting of the JSC to consider an allegation of gross misconduct which might lead to proceedings for the impeachment of a judge of the court in question - also considered was the required numerical composition of the JSC where members were absent, and the majority necessary for a valid decision.