Attorney General's Office (AGO) has revealed that the public does not want any politician to be included in the Judicial Service Commission (JSC) and to ensure that the institution is free from biased political influence. As such, amendments to Article 157 of the constitution are being drafted by the AGO in an effort to review and revise the composition of JSC.
JSC has consulted with the Supreme Court, the High Court, the lower courts, and the JSC to discuss the bill. The commission stated public opinion has also been sought on the reform. The JSC has now released its consultations with relevant stakeholders and public comments. As such, a total of 115 individuals answered questions submitted by the AGO. Of these, 91.3% said the composition should be changed.
Additionally, the public has also expressed concern over the presence of the Speaker of Parliament and the Attorney General (AG) in the JSC. As such, 87.8% of the respondents supported the formation of the JSC without the Speaker of Parliament and 67% supported the formation of the JSC without the AG.
According to a paper released by AGO, discussions were held with the courts and lawyers. During these discussions, the Supreme Court stated that the role of the Parliament in the appointment of JSC members is not the best option and explained that an appropriate procedure is needed. In addition, two modules have been proposed to the Supreme Court as the best way to structure the JSC. In both modules, the Speaker of Parliament, the member appointed by Parliament, the member appointed by the President, and the President of the Civil Service Commission (CSC) have been removed.
Furthermore, meetings with the Superior Courts, High Court, and civil society organisations have also proposed the best composition for the commission. They also do not support the inclusion of the Speaker of Parliament and a member of Parliament in the JSC. In addition, some proposals have removed the President of the CSC while other positions should be added, citing the removal of political influence from the JSC as the main reason for the change.