Corruption Watch celebrates ConCourt victory in CGE challenge

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Today Corruption Watch (CW) was in the Constitutional Court to receive the judgment in its application challenging the National Assembly (NA)’s compliance with constitutionally mandated public participation processes in the appointment of five commissioners to the Commission for Gender Equality (CGE).

One of the cornerstones of South Africa’s constitutional democracy is the provision for members of the public to participate in democratic governance.

The court found unanimously in favour of CW. Its declaration of the NA’s failure to comply with its constitutional obligation to facilitate a reasonable public participation process in the appointment of new CGE members, is a significant victory. On a wider scale, it signals a turning point in enforcing Parliament’s role in facilitating processes for meaningful public participation in the appointment of leaders to key institutions, in terms of section 59(1)(a) of the Constitution.

This judgment is a critical milestone in CW’s nearly 10-year campaign on leadership appointments, launched in 2016 to advocate for legitimate public participation and transparency in choosing candidates to lead the country’s public institutions.

The appointment of the five CGE commissioners in March 2023 was invalid, the court stated, because Parliament failed to allow for reasonable public participation in recommending candidates for these positions. The failure centred on three aspects of the process:

The provision of inadequate information about the shortlisted candidates to enable the public and civil society organisations to make meaningful and effective submissions.
The inadequate 14-day period for submissions.
The unreasonable restriction of an online form limiting written submissions to 2 000 characters.

South African citizens have a right to participate fully in these processes, particularly where such institutions are at the forefront of ensuring justice and enforcement of human rights in the country. The opportunity for people to have their say in the appointment of representatives to Chapter 9 institutions like the CGE, is an important example of that process.

CW reiterates the importance of meaningful public participation as an imperative in ensuring an effective and healthy democracy. Such participation allows for transparency in the election of officials, ensures greater accountability of bodies like the NA in fulfilling constitutional obligations, provides an incentive for better decision making, and promotes legitimacy and trust in our institutions.

Click here for a sound bite from CW attorney Nkululeko Conco.