The Judicial Service Commission (JSC) proceedings took a surprising turn today when Adv. A P V Msiwa SC, a candidate for judicial appointment, admitted to being a member of the African National Congress (ANC). The revelation raised immediate concerns about judicial impartiality, with Chief Justice Mandisa Maya reminding Msiwa that judges are prohibited from being affiliated with any political party.
During his interview, Msiwa’s admission sparked debate, particularly from Commissioner Julius Malema, who questioned his readiness for the judicial role. Malema argued that Msiwa’s political affiliation showed a lack of awareness regarding the judiciary’s expectations and raised doubts about his suitability for the position. “We cannot afford to have our legal system influenced by any political party,” Malema said.
While Msiwa defended his impartiality and professional integrity, his explanation failed to quell the concerns of the JSC panel. Chief Justice Maya emphasized that judicial independence is foundational to democracy and non-negotiable.
The panel’s review of Msiwa’s candidacy will continue, with his ANC membership flagged as a significant issue, sparking a broader discussion on the importance of judicial impartiality in South Africa’s legal system.
Candidate Adv. A P V Msiwa SC revealed his ongoing membership with the ANC. Chief Justice Mandisa Maya promptly reminded him that judges are not permitted to be affiliated with any political party
Commissioner Julius Malema suggested that Msiwa was unprepared for the JSC… pic.twitter.com/Y4oDVVXZGu
— News Live SA (@newslivesa) October 8, 2024