ConCourt to hear Corruption Watch's application to invalidate 5 gender commission appointments

JOHANNESBURG - The Constitutional Court is set to hear an application by non-profit organisation, Corruption Watch on Thursday, seeking to invalidate and set aside the appointment of five members of the Commission for Gender Equality.

The organisation argues that the portfolio on Women, Youth and Persons with Disabilities did not facilitate reasonable public participation before recommending names to President Cyril Ramaphosa.

In 2023, the president appointed Advocate Nthabiseng Sepanya–Mogale as the commission’s chairperson and four other members to form part of the Chapter 9 institution.

Several questions will be before the Constitutional Court for consideration on Thursday.

Among them is what are Parliament’s constitutional obligations in terms of Section 59(1) of the Constitution when facilitating public participation in the recommendation process of appointing commissioners to Chapter 9 institutions?

The section prescribes that the National Assembly must facilitate public involvement in the legislative and other processes of the National Assembly and its committees.

The second is whether Parliament failed to fulfill this obligation when recommending the candidates to be appointed as commissioners to the Commission for Gender Equality, and whether the Protection of Personal Information Act restricts the national legislature from publishing the personal information of shortlisted candidates for public office without their consent.

Corruption Watch alleges the committee only provided the names of the candidates along with their qualifications without their resumes or additional information about them.

The organisation seeks a declaratory order invalidating the appointments.