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Published online by Cambridge University Press: 28 July 2009
The first term of the Constitutional Court began in February 1995. The Court is made up of 11 judges, five of whom, namely Mr Arthur Chaskalson (President), Mr Justice Goldstone, Mr Justice Laurie Ackermann, Mr Justice Ishmail Mohamed, and Mr Justice Tholakele Madlain, were appointed by the President of the Republic in consultation with the Cabinet and the Chief Justice. The remaining six members were appointed by the President of the Republic after consultation with the President of the Court and the Cabinet and following the making of recommendations by the Judicial Service Commission (JSC). In so doing, the JSC was required to take into account “the need to constitute a court which is independent, competent and representative in respect of race and gender”. After a series of public hearings, the JSC submitted a list often names for consideration from the 24 candidates who were short-listed. The following six were appointed: Mr Justice John Didcott, Mr Justice Johann Kriegler, Mr Pius Langa, Prof. Yvonne Mokgoro, Prof. Catherine O'Regan and Prof. Albie Sachs. The Constitutional Court Complementary Act, 1995, provides that eight of the 11 judges must hear each case, so that only one case can be heard by the court at any one time.