Arms Deal Inquiry: Why two retired judges are challenging the constitutionality of the JSC Act

Jeanette Chabalala| News24

Two retired judges, who presided over the Arms Deal Inquiry, have challenged the constitutionality of the Judicial Service Commission (JSC) Act, arguing that, under the Act, “retired judges” should not be included in the definition of judge.

The application by retired judges Willie Seriti and Hendrick Musi, which was heard before a full bench in the Gauteng High Court in Johannesburg on Tuesday, was launched after the two found themselves facing an investigation for “incapacity, gross incompetence or gross misconduct”.

This after a complaint by non-profit organisations Open Secrets and Shadow World Investigations, who wanted the two judges to be called before the Judicial Conduct Committee to account for “their failure to adequately investigate the arms deal”.