Law clerks programme
The Constitutional Court is the first in the history of South Africa to have law clerks for all judges. Law clerks are appointed to work for a specific judge.
Each judge has two South African law clerks and may have a foreign law clerk too (five foreign clerks are appointed for each six-month period). The primary responsibility of the law clerks is to assist the judges in performing their duties as Constitutional Court judges.
Roles and duties
Specific responsibilities may vary from chamber to chamber, but include:
carrying out detailed research on particular topics;
preparing pre-hearing memoranda and identifying key issues in matters to be heard;
helping the judge in Court;
assisting the judge in Court-related work such as committees, organisational work and international human-rights work;
cite-checking draft judgments before delivery;
taking part in various clerks' committees; and
administrative work.
These duties require a clerk to be computer literate and to have word-processing and Internet skills. Law clerks should be or become familiar with using the libraries and electronic resources to which the Court has access.
A number of committees help the Court with its work. The law clerks are expected to participate in these committees; in fact, several of them have been set up by the clerks themselves.
Training is an important part of the position: law clerks are encouraged to debate the outcome of cases with their judges and one another. Seminars held on each case before its hearing help the clerks practise these skills.
The workload varies during the year and depends on the demands made by an individual judge.
How clerks are appointed
Aspiring clerks, who may apply to the Court or to a specific judge, are interviewed by judges. Appointments are ordinarily made in May each year.
Because the judges have specific requirements and because they work so closely with their law clerks, appointments are made, where possible, after one-on-one interviews.
The Court recognises the value of diversity and ensures that the clerks are drawn from the spectrum of South Africa's cultural, racial and socio-economic groups, and that both sexes are represented.
Benefits of being a law clerk
Being a law clerk enhances skills and professional development: the experience brings an improvement in research, writing and people skills, as well as an increase in self-confidence. Benefits are academic and social, as researchers work very closely with their respective judges.
South African law clerks
Most of the Court's law clerks are South African. Clerks from foreign countries are also appointed to the Court, but note that different conditions apply to them.
See the section on foreign law clerks below.
Eligibility and appointment
Applications for clerkships are considered in May each year, which means they should be sent to the Court by mid-April. As clerkships are tenable either from January to December, or from July to June, applicants should indicate which period they would prefer. Only South African law graduates are eligible for appointment. Ordinarily, only recently qualified law graduates are appointed.
Applications should be sent to the director of the Constitutional Court at:
Private Bag X1, Constitution Hill, Braamfontein, 2017; or
Include a full curriculum vitae, a copy of an official transcript of university results, the names and electronic addresses of at least two referees, and an example of written work.
Period of employment
Clerks are appointed for one year. The period may run from either January to December, or from July to June.
Remuneration and benefits
South African law clerks receive a uniform salary of R108,000 a year. No further benefits (such as pension, medical aid or other allowances) are available. Parking is provided at the Court, a monthly tariff of R 30.00 per vehicle is levied .
Place of employment
Law clerks perform their duties at the Constitutional Court, Constitution Hill, Braamfontein, Johannesburg. However, on occasion the judges may require them to attend to work related tasks elsewhere.
Only law graduates will be considered for positions as foreign law clerks and ordinarily only recent law graduates will be appointed. Only five foreign law clerks are appointed at any time.
Applications are considered each year in May for the following July to December (ie 12 months thereafter) and for the January to June of the year after that (which is 18 months later).
So, for example, appointments for July to December 2006 and for January to June 2007 will take place in May 2005. It has been agreed that one clerkship should be reserved for a clerk from elsewhere in Africa.
Applications should be sent to the director of the Constitutional Court at:
Private Bag X1, Constitution Hill, Braamfontein, 2017; or
They should include a full curriculum vitae, a copy of an official transcript of university results, the names and electronic addresses of at least two referees, and an example of written work.
Period of office
Foreign law clerks are appointed for a minimum period of six months, ordinarily from January to June and from July to December. Sometimes appointments for a period of a year are made.
Conditions of appointment
Foreign law clerks are not paid, so it is recommended that they seek their own funding.
Programme for German trainee lawyers and scholars at the South African Constitutional Court
From 2008 a special post will also be created for German trainee lawyers to apply to the Court to work as a law clerk for a period of at least four months,
starting each year in January and July. As the Constitutional Court has no funds to pay salaries or travel expenses for German law clerks, this post is ideal
for referendariat students seeking to fulfill their four month practical experience requirements. The post is not limited to such candidates, however
applicants will need to be available for a minimum period of four months, although any applicants seeking a longer term post will also be considered.
Roles and duties
Specific tasks may vary from chamber to chamber, but include:
carrying out detailed research on particular topics
especially research comprising the South African Constitutional Law and comparative sources coupled with extensive knowledge
with regards to International Human Rights instruments and reports of the relevant tribunals
writing analytical summaries of counsel's written argument or written evidence and assessing arguments in literature and case law
related to a legal question
preparing pre-hearing memoranda and identifying key issues in matters to be heard;
supporting the judge in Court;
assisting the judge in Court-related work such as committees, organisational work and international human-rights work;
cite-checking draft judgments before delivery;
taking part in clerks' committees as well as participating in sub-committees at the Court; and
attending the offered training programmes and/or orientation programmes or seminars;
administrative work (attending hearings and keeping notes of the proceeding);
Public relations (composing drafts of summaries for the media and other interested parties; assisting in receiving and
entertaining official visitors to the Court).
These duties require a German legal trainee who has got excellent English language skills and knowledge of International Human Rights and comparative jurisprudence. There should be an interest to do research of arising legal questions in all fields of law
and the ability to find legal solutions independently. The German legal trainee should be computer literate and have word-processing and Internet skills. There will be an introduction into Jutastat, Lexis Nexis and Quicklaw. It is required to become familiar
with using the libraries and electronic resources to which the Court has access. The court accommodates an excellent library for legal research.
Training is an important part of the position: German legal trainee lawyers are encouraged to debate the outcome of cases with their judges and law clerks. Seminars held on each case before its hearing help to practise these skills.
The workload varies during the year and depends on the demands made by an individual judge.
Eligibility and appointment
German trainee lawyers can apply for a time period of at least three months (recommended is a minimum of 4 months) starting each year in January and July. Also scholars for a longer term are most welcome.
The legal trainee or scholar will participate in the two-week-orientation-training for the South African and the foreign law clerks. The Constitutional Court will only be able to take one legal trainee for each term. For the first time a German trainee lawyer or scholar will be appointed in January 2008.
To apply please send your personal application, including a full curriculum vitae with a picture and a copy of an official transcript of university results as well as references regarding working experience and special qualifications,
electronically to:
Ms. Martie Stander registrar@concourt.org.za or mail to:
Constitutional Court, Private Bag X 1, Constitution Hill, Braamfontein 2017, Johannesburg Tel: 0027-11-359-7460 Fax: 0027-11-339-5098
In case a judge requires, a telephone interview may be held.
To guarantee an unobstructed flow German trainee lawyers should apply one year before they want to start the term but latest six month before.
Place of work
German trainee lawyers will work at the Constitutional Court, Constitution Hill, Braamfontein, Johannesburg. However, on occasion the judges may require them to attend to work-related tasks elsewhere.
Skills and qualifications
Applicants for the programme must have the following skills:
excellent English language and writing skills;
a relevant undergraduate degree;
knowledge of International Human Rights Law and comparative jurisprudence;
an interest in legal research and the ability to find legal solutions;
computer literacy including a working knowledge of Microsoft Office and the ability to navigate the Internet; and
the ability to cover travel costs to and from Johannesburg and living expenses while they are working at the Court.
Benefits of being a German trainee lawyer at the Constitutional Court
Being a trainee lawyer at the Constitutional Court enhances skills and professional development:
the experience brings an improvement in research, writing and people skills, as well as increase self-confidence.
Benefits are academic and social, as researchers work very closely with their respective judges.
Since German trainee lawyers take part in the two-week-orientation programme at the beginning of each term,
they will be prepared for the work they will have to do and they will achieve an extra qualification.
You will be able to take part in an ongoing developing process of the Constitutional Court and to gain experiences regarding
a progressive legal system as well as the culture. Furthermore you will improve your English language skills and help to improve the cooperation
and understanding between South Africa and Germany.
Scholarships
Two scholarships for overseas study are administered by the Constitutional Court Trust. Calls for applications are made each October; the scholarships are then tenable from the following August. Only Law Clerks and former Law Clerks are eligible.
The university or universities at which the scholarships are tenable may vary from year to year. Enquiries should be directed to Elizabeth Moloto at the Constitutional Court: email moloto@concourt.org.za
Ismail Mahomed Fellowship
The Ismail Mahomed Fellowship for law clerks was established in honour of the former chief justice and made possible by a grant funded by a charitable organisation.
The purpose of the fellowship is to provide an opportunity for postgraduate study abroad to a South African lawyer who has demonstrated a commitment to human rights and who has served as a law clerk at the Constitutional Court or Supreme Court of Appeal.
The fellowship is tenable for study towards an LLM degree at a foreign university, which is specified each year. Among the universities that have participated in this programme are Duke University, North Carolina, and the University of Toronto.
The Constitutional Court Trust administers the fellowship. The fellowship covers travel, tuition and living expenses.
Applications are to be submitted by mid-November each year. The scholarship is then tenable the following year.
Franklin Thomas Fellowship
The Franklin Thomas Fellowship for Constitutional Court law clerks is a fellowship established in honour of Franklin Thomas, the former president of the Ford Foundation.
The fellowship was made possible by a grant funded by friends and colleagues of Thomas on his retirement from the foundation.
The purpose of the fellowship is to provide an opportunity for postgraduate study abroad to a South African lawyer, preferably from a disadvantaged background, who has served as a law clerk at the Constitutional Court.
The fellowship is administered by the Constitutional Court Trust. Each year the trust arranges for one of the former law clerks of the Constitutional Court to participate in an LLM programme at a foreign university.
The fellowship covers travel, tuition and living expenses. Universities that have participated in this programme include the University of Michigan, Duke University and the University of Illinois at Saint Louis.
