Review Supreme Court’s jurisdiction before capping judge appointments – Justice Amaleboba

Supreme Court Judge Nominee, Justice Hafisata Amaleboba, has urged a comprehensive review of the Supreme Court’s jurisdiction and internal challenges before any move is made to cap the number of justices appointed to the apex court.

Appearing before Parliament’s Appointments Committee on Wednesday, 18th June, Justice Amaleboba expressed support for limiting the number of Supreme Court judges but warned against rushing the decision without resolving systemic issues that currently justify an expanded bench.

“I believe in capping the number of Supreme Court judges,” she said. “But I believe that we should not hasten to do so until we have resolved the issues that confront the Supreme Court, which require that the numbers be increased.”

She cautioned that prematurely setting a cap could result in constant constitutional amendments to adjust the number of judges — a situation she described as undesirable and destabilising to the legal framework.

“Because if we cap it and there is a justification for an increase, it would mean that we would subject our Constitution to constant amendment, and that will not be desirable,” she explained.

Justice Amaleboba proposed a more pragmatic approach: addressing issues such as case backlogs and overlapping jurisdictions first. Only then, she said, could an informed and sustainable decision be made on the ideal number of justices needed.

“If we are able to solve the problems at the Supreme Court — the backlogs, the various jurisdictions that it has — then we would have a fair idea of how many cases, on a year-by-year basis, would go to the Supreme Court,” she said. “And then we can have enough reason or basis to cap the numbers.”