Casac seeks answers on Yacoob’s role

THE Council for the Advancement of the South African Constitution (Casac) has written to Chief Justice Raymond Zondo to find out what role controversial retired Justice Zak Yacoob will play at the Constitutional Court.

Reports have indicated that Justice Yacoob will play an advisory role, and look at the appeal cases before the Concourt. He reportedly would have the power to advise the 11 justices of the court which appeal cases to dismiss and which to entertain.

Casac's executive secretary, Lawson Naidoo, said they had written to Justice Zondo's office to find out what exact role Justice Yacoob would be playing, especially as he had served a non-renewable 12-year term at the Concourt, and he was therefore not eligible to be reappointed.

Naidoo, speaking to SAfm radio, said there was no clarity on what role Justice Yacoob would be playing, “and I think that's causing a lot of concern around this issue”.

He said Justice Yacoob had finished serving a non-renewable 12-year term at the Concourt and was not eligible to be reappointed to play any judicial role at the court.

“In our opinion, it would be unconstitutional if retired Justice Yacoob were to play a role in determining which cases the court should hear and which applications for appeal it should dismiss. That is a core judicial function, which is currently carried out by members of that court.”

Naidoo said this was not about Justice Yacoob as an individual. “This is really about the principle of someone who served a full term at the Constitutional Court … I think we've been sidetracked into a discussion about Justice Yacoob and the controversial incidents, but I don't think that had he not been involved in those controversial incidents, it would make the appointment okay.”

The Office of the Chief Justice did not respond to questions about Justice Yacoob's role or to Casac's queries.