Call for written objections from public to chief justice nominees
ONE of eight nominees will occupy the country's top judicial position after Chief Justice Mogoeng Mogoeng's term comes to an end.
Public Protector Advocate Busisiwe Mkhwebane, Western Cape Judge President John Hlophe, AYO Technology Solutions board chairperson Dr Wallace Mgoqi and Deputy Chief Justice Raymond Zondo are among the eight nominated to take the position of chief justice.
Also in contention are Justice Mbuyiseli Madlanga, Justice Mandisa Maya (currently the president of the Supreme Court of Appeal), Judge President Dunstan Mlambo and advocate Alan Nelson, SC.
The Presidency received 148 submissions from the public when the process opened on September 16. Only 25 met the set criteria.
This was whittled down to eight candidates who made it to the list of the nominations panel chaired by Judge Navanethem (Navi) Pillay
The process now moves to written objections, before the list is narrowed down to five and submitted to President Cyril Ramaphosa.
The president will then have to pick the candidate to fill the position to be vacated by Justice Mogoeng.
“South Africans are now invited to submit in writing any objections they may have regarding the nominees to angeline@presidency.gov.za and OSewpaul@justice.gov.za by 5pm on October 15,” the Presidency said.
"The panel will consider objections before submitting a shortlist of three to five names to the president. The panel is required to report to the President by Friday, October 29 and its terms of reference are also available on the Presidency website,” it said.
Meanwhile, the Judicial Service Commission (JSC) began its rerun of the Constitutional Court interviews yesterday, after objections to the initial proceedings were lodged.
The South Gauteng High Court in August ordered the JSC to reconvene and interview the eight candidates for positions in the Concourt, after the Council for the Advancement of the SA Constitution (Casac) approached it to have the interview process restarted.
Interviews for judges Fayeeza Kathree-Setiloane, Jody Kollapen, Rammaka Mathopo, Mahube Molemela, Bashier Vally, David Unterhalter
and advocate Alan Dodson SC were set down for yesterday. The eighth candidate, KZN High Court Judge Dhaya Pillay, opted out of the new interview process after failing to be recommended.
The slow pace at which the Concourt hands down its judgments in urgent matters came under the spotlight during yesterday's interviews.
Commissioner Julius Malema asked Judge Fayeeza Kathree-Sitiloane and Judge Rammaka Mathopo, in their separate interviews, what their views were on this matter.
Malema was referring particularly to the Constitutional Court's delay in ruling on former president Jacob Zuma's application for a rescission of the contempt of court order against him.
Malema said the matter was brought on an urgent basis before the court and the delay in handing down the judgment was unacceptable.
He said the there was a great sense of uncertainty in the country while waiting for the judgment.
“The country was literally burning,” he said. He further questioned the interview candidates on how Concourt justices could be held accountable for such delays.
Judge Kathree-Setiloane agreed that, when the case was urgent, the ruling needed to be delivered “with the requisite urgency”.
She said she understood the frustrations in waiting for important judgments to be handed down speedily and said the justices also needed to restrain themselves and write shorter judgments.
Malema asked Judge Mathopo whether the “norms and standards” that applied to high court rulings were not applicable to the Concourt.
Judge Mathopo said Malema raised a “fair comment” and suggested that Deputy Chief Justice Raymond Zondo should take back these concerns to his colleagues at the apex court.
Judge Kollapen, who is now aged 65, was asked how much longer he thought he would serve on the bench. He said he believed he was healthy and fit and could serve until 70. He added that his job fulfilled him.
He was also asked about the concepts of “judicial overreach” and “judicial dictatorship”. Judge Kollapen said he believed the judiciary played an important role in society and that claims of “judicial dictatorship” arose from the fact that the courts were more frequently being called on to decide on politically contested matters.