High Court overrules Civil Court injunction ordering JSC to halt appointment process
29 Sep 2011, 7:01 PM
The High Court has overruled a Civil Court injunction issued on September 8 ordering the Judicial Service Commission (JSC) to halt its appointment of judges to superior courts pending a ruling on the constitutionality of the process.
The temporary injunction was appealed by the JSC at the High Court, which ruled today that the Civil Court did not have jurisdiction to rule on the constitutionality of laws and regulations.
A group of lawyers had filed a case at the Civil Court contesting that regulations drafted by the JSC – containing evaluation criteria for selecting judges to superior courts – conflicted with both the constitution and the Judges Act. The lawyers requested the court abolish the regulations and declare the commission’s shortlist void.
The final interviews of 17 shortlisted candidates were due to place on September 10, two days before the injunction or staying order was delivered.
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