Selection and appointment of magistrates. Describe the selection and appointment of magistrates Flashcards 2022-12-24
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How magistrates are selected and appointed in South Africa
. Whether or not and the extent to which in practice, the Commission applies these criteria is a topic which deserves more scrutiny. Appointment by the Minister of Justice 7. At the first interview the panel tries to find out more about the candidate's personal attributes, in particular looking to see if he has the six key qualities required. People are also encouraged to go to open evenings at their local Magistrates' Court.
Qualification, Selection and Appointment of Magistrates
Selection and Appointment of permanent Magistrates The process of appointing permanent magistrates is different from that of appointing acting magistrates. Notification of existing vacancies 2. The public may attend these meetings. About 700 new lay magistrates are appointed each year. Some states provide only for election of judges; most opt for a hybrid of elective and appointive positions.
Describe the selection and appointment of magistrates Flashcards
The process of selecting and appointing magistrates in South Africa involves the following stages: 1. The successful candidate is then deployed to the relevant district or division where they will serve. One example is a requirement that the candidate chosen be confirmed by a legislative body. By this means, the voters still have a voice in determining their judicial officers. Recommending candidates for appointment 6. Anyone can apply to become a magistrate. Probation and confirmation of appointment The first stage in the process is that the head of the court notifies the Magistrates Commission and the Director General of the Department of Justice hereafter referred to as the Director General of the existing vacancies.
The Magistrates Interview Process This third stage involves shortlisting of candidates to be invited for interviews by the Magistrates Commission. The Director General is expected to create a short list of the applicants whose applications show that they meet these minimum qualifications, and whose applications are accompanied by the required documents and have been submitted in compliance with the prescribed format. The interview panel will also explore the candidate's attitudes on various criminal justice issues such as youth crime or drink driving. Once the shortlist has been ratified by the Magistrates Commission, the listed applicants or candidates are then invited for an interview by the Magistrates Commission. Since 2013, appointments are made by the Lord Chief justice, who can delegate these powers. There is usually a two-stage interview process.
Candidates who succeed at these interviews are recommended to the Minister of Justice for appointment. In a true merit selection system, the chief executive is limited to the names on that list; to provide otherwise would reduce the nominating commission to a mere advisory body. Some also believe that election increases diversity on the bench. Usually three recommendations are made per each vacancy. On his or her own initiative or after being instructed to do so by the Magistrates Commission, the Director General advertises the existing vacancies. Minimum qualifications for appointment are prescribed by Regulation 3 1 of the Regulations for Judicial Officers in Lower Courts.
The membership of the committees must be published. Shortlisting of candidates for interviews 4. About half the members have to retire in rotation every three years. Currently, 33 states including New York and the District of Columbia choose at least some of their judges via the appointive process known as merit selection. Interested and qualified persons must submit their applications by the stipulated deadline and use the prescribed format. The discussion might, for example, focus on the type of sentence which should be imposed on specific case facts.
Election Election, of course, is just what it sounds like: Candidates run in partisan campaigns, and the voters choose their judges in ordinary elections. Magistracy training for appointment Once appointed by the Minister, the candidate is expected to undergo the necessary training administered by the South African Judicial Education Institute SAJEI. This includes Magistrate, Senior Magistrate, Regional Magistrate, Chief Magistrate or Regional Court President. The intention is to create a panel that is representative of all aspects of society. All this is aimed at getting as wide a spectrum of potential candidates as possible. The shortlisting is done by the relevant sub-committee of the Magistrates Commission but this shortlist must be ratified by the entire Commission.
The committees should have a maximum of 12 members and these should include a mixture of magistrates and non-magistrates. These qualifications are prescribed in broad terms and they are that one must: either be a South African citizen or permanent resident; be fit and proper; be in good health; competent in the official languages desired by the Magistrates Commission; they must be suitably qualified which in practice implies having a law degree and one must have the relevant experience as a legal practitioner. The members tend to be current or ex-justices of the Peace. A person cannot act as an acting magistrate in one court for a continuous period exceeding three months, although the contract can be renewed. In order to decide who to appoint, this judge relies on recommendations made by the local advisory committees. There is need to inquire into and evaluate the nature of training that is provided by SAJEI. Appointment Appointment, on the other hand, comes in various forms.
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