High court appointments

In the first place, the government should never have hurried through the appointment of the nineteen judges in the manner it did. The appointees have been accused of being partisan supporters of the government -- and they may well be -- but partisanship is largely a subjective matter. What is not subjective is the credentials, experience, and integrity of those appointed and the procedure which is followed for their appointment.

The recent appointments can be called into question both on grounds of qualifications and procedure. The appointees lack the credentials and experience that High Court judges typically possess, and there can be little argument that they do not have the reputation and background that one would expect for such an august appointment.

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Similarly, the way in which the appointments were made, was extremely unconventional, calling into question the integrity of the entire procedure. There was no consultation, as is customary, with senior members of the Bar, and no transparency as to who had made the recommendations and on what basis the appointments were made. The Chief Justice swore in all nineteen in one day, raising the question of how he could have considered the applications in such a short time, and questions have been raised as to the necessity for rushing through such an appointment just before the court is due to break for recess.

Finally, that the government would attempt to push through such controversial measures not three days after August 21, at the same time that it is preaching the need for national unity, beggars the imagination.

Nevertheless, we do not feel that boycotting the court of the Chief Justice is an appropriate response, and wonder whether the Supreme Court Bar Association could not have found a more appropriate means of expressing its opposition to the appointments that does not bring the office of the Chief Justice into controversy.

That said, the Chief Justice should certainly heed the request of the Bar to convene a full-court reference with representatives from the Bar to reconsider the appointments.