Capping Supreme Court justices will strain justice delivery — Justice Suurebaareh

Supreme Court nominee, Justice Gbiel Simon Suurebaareh, has rejected calls for a cap on the number of justices appointed to the apex court, warning that such a move could negatively affect justice delivery.

The 1992 Constitution provides for a Supreme Court made up of the Chief Justice and not less than nine other justices.

However, it does not state a maximum number, which has led to concerns that the system allows room for excessive appointments or “court-packing.”

Appearing before Parliament’s Appointments Committee on Monday, June 16, Justice Suurebaareh argued that the appointing authority should retain the flexibility to appoint justices based on the court’s needs.

“I do not support calls to cap appointments of justices to the Supreme Court. The appointing authority should be free to appoint as many as necessary,” he stated.

He explained that the complexity and volume of constitutional cases sometimes require a broader panel of justices, and any artificial limitation could cause delays or put undue pressure on the court.

“There could be situations where the number of cases at the Supreme Court increases or the nature of the constitutional matters requires broader deliberation. In such times, limiting appointments might create delays or strain the existing justices,” he said.