Adv Jubeida Behardien from Atlantis serves on the Judicial Service Commission (JSC).
Well known for her outstanding pro-bono work in the community, she is conversant in more than two official languages and has a broad understanding and general knowledge of the country’s socio-economic situation.
Behardien said she will continue to advocate for transformation in the judiciary, land restitution, non-discrimination in the workplace, zero-tolerance of sexual harassment, gender-based violence, domestic violence, including violence against women and children.
On 11 October the Legal Practice Council (LPC) called for nomination of non-affiliated advocates to the forum to serve on the JSC.
The successful candidates will represent practising advocates who are not affiliated with any bar association or society of advocates she explained. Their task is to develop criteria and processes for representing advocates on the JSC in terms of section 178(1)(e) of the Constitution, Behardien explained.
The LPC as the profession’s regulatory body has a statutory mandate to facilitate the resolution to adopt criteria and procedures for nomination of advocates to represent their profession on the JSC.
The process was opened on 12 October and closed on 17 October.
“On the 18 October I received an email from the LPC which informed me there were only two advocates nominated,” Behardien related.
“My nomination therefore means I’m part of the forum with other nominees designated by the bar associations and societies of advocates.”
She explained that Section 178 of the Constitution provided for the composition of the JSC, for 23 members, including the three top judges (Chief Justice, Judge President of the SCA, the Judge President representing Judges of the High Courts).
Also, Members of Parliament, Minister of Justice, Members of the National Assembly, Members of National Council of Provinces, Advocates, Attorneys, Academics, such as law lecturers, and other delegates appointed by the President.
The position of non-affiliated advocates is fairly new, and was the only outstanding issue in the adoption of the terms of reference for the forum.
Behardien said they were invited to meet with the Forum on Saturday 20 October in Johannesburg, and introduced to its panel to discuss its criteria and house rules.
Overview of the Judicial Service Commission (JSC)
It is a constitutional body established in terms of section 178 of the Constitution and the Judicial Services Commission Act 9 of 1994 emanating from it.
The primary functions of the commission are:
1. to interview candidates for judicial positions
2. make recommendations for appointment to the bench
3. deal with complaints brought against judges
4. advise the national government on matters relating to the Judiciary.
Adv Jubeida Behardien holds the following qualifications: LLB, LRM, BPolSc, Admitted Advocate of the High Court of South Africa, Bachelor of Laws (LLB), LRM Specialist (Labour Relations Management), Professional Certificate Political Science, Humans Rights Advocate/Practising member of the LPC (97382) & Law Society of Advocates.
Behardien said this is an opportunity of a lifetime and the highest in the legal fraternity and said: “If we have to take up acting stints as judges then so be it; the forum will decide.
“The criteria have been relaxed, due to transformation and women empowerment of the bench.”
- Adv Behardien has since withdrawn from the JSC
Forum for personal reasons.
