Concourt finds Parliament failed in public participation process

THE Constitutional Court, in a unanimous judgment, found that Parliament failed to comply with its constitutional obligation to facilitate a reasonable public participation process in the appointment of new members for the Commission for Gender Equality (CGE).

- ZELDA VENTER

Corruption Watch, which launched this application, submitted that the public participation process was defective due to insufficient information on the shortlisted candidates being made publicly available. It also submitted that the opportunity for public participation was restricted to 2000 character submissions and only 14 days were provided for written submissions. It contended that the opportunity for public participation was unreasonable and inadequate.

It also argued that the Portfolio Committee misinterpreted the Protection of Personal Information Act (POPIA), leading to unnecessary restrictions on candidate information. In doing so, the Portfolio Committee wrongly concluded that POPIA permits only the sharing of minimal information, it said.

The Speaker, on behalf of the National Assembly, submitted that the opportunity it provided for public participation in the recommendation process was reasonable and defended the 14-day period as sufficient, citing past appointment processes.