Johannesburg – Corruption Watch has won a Constitutional Court challenge against the National Assembly, which will ensure public participation in democratic governance.
The apex court on Friday, 1 August 2025, the beginning of Women’s Month, ruled that the appointment of five commissioners to the Commission for Gender Equality was done without adequate public participation.
Commenting on the matter, Corruption Watch said the Constitutional Court found unanimously in its favour.
“Its declaration of the National Assembly’s failure to comply with its constitutional obligation to facilitate a reasonable public participation process in the appointment of new Commission for Gender Equality members is a significant victory,” stated Corruption Watch.
“One of the cornerstones of South Africa’s constitutional democracy is the provision for members of the public to participate in democratic governance.”
Corruption Watch said on a wider scale, the ruling signals a turning point in enforcing Parliament’s role in facilitating processes for meaningful public participation in the appointment of leaders to key institutions, in terms of section 59(1)(a) of the Constitution.
“This judgment is a critical milestone,” stated Corruption Watch, which has been in a nearly 10-year campaign on leadership appointments.
The campaign was launched in 2016 to advocate for legitimate public participation and transparency in choosing candidates to lead the country’s public institutions.
Corruption Watch explained that the court ruling nullifies the 23 March 2025 appointment of the five commissioners at the Commission for Gender Equality.
This was so because Parliament failed to allow for reasonable public participation in recommending candidates for these positions.
Corruption Watch said the failure centred on three aspects of the process:
- The provision of inadequate information about the shortlisted candidates to enable the public and civil society organisations to make meaningful and effective submissions.
- The inadequate 14-day period for submissions.
- The unreasonable restriction of an online form limiting written submissions to 2 000 characters.
“South African citizens have a right to participate fully in these processes, particularly where such institutions are at the forefront of ensuring justice and enforcement of human rights in the country,” said Corruption Watch.
“The opportunity for people to have their say in the appointment of representatives to Chapter 9 institutions like the Commission for Gender Equality is an important example of that process.”
Corruption Watch reiterated its stance on the importance of meaningful public participation as an imperative in ensuring an effective and healthy democracy.
“Such participation allows for transparency in the election of officials, ensures greater accountability of bodies like the National Assembly in fulfilling constitutional obligations, provides an incentive for better decision making, and promotes legitimacy and trust in our institutions,” Corruption Watch said.
