“According to Article 6 of the Law, the Council is composed of members who are appointed by various entities.

The SCA is of the view that the process currently enshrined in the Law is not sufficiently broad and transparent. In particular, it does not:

  • require the advertisement of vacancies for members;
  • establish clear and uniform criteria;
  • ensure that such criteria are uniformly used to assess the merit of eligible applicants; and
  • promote broad consultation and/or participation in the application, screening, selection, and appointment process for all members.

Further, the SCA is of the view that providing for the different entities to select members according to their respective rules of procedure may result using different selection processes. A consistent, transparent, merit-based and broadly consultative selection process should be used across all of the entities.”