Lawyers aghast at time squeeze as judge president list closes
TWO lawyers’ associations have complained to the Judicial Service Commission (JSC) they did not have enough time to nominate for the head of the judiciary in the Eastern Cape.
The incumbent, Judge President Clement Temba Sango, is set to retire in August.
The Mthatha branch of the National Association of Democratic Lawyers (Nadel) and Transkei Attorneys Association (TAA) said the advertisement for the Judge President’s vacancy was only placed on Monday January 27, giving stakeholders a week to nominate a candidate by the closing date of February 3.
JSC spokesman Sello Chiloane said the advertisement went out on January 24 – a Friday – which effectively gave one more working day.
He confirmed that the JSC had received complaints from some lawyers’ associations concerning the time frame and said the JSC would look into the matter.
“But in March comments will be invited from all stakeholders about the nominees,” said Chiloane.
He said they were also busy with the process of filling a vacancy in the Mthatha High Court following Judge Lusindiso Pakade’s retirement.
Nadel Mthatha branch secretary Sinawo Makangela said they had been unable to consult widely enough with members over nominees.
“Judge President Sangoni retires in August. We have noted with utter shock the amount of time allowed for this process of nomination to take place and we have placed our concerns before the JSC.”
TAA chairman Vuyani raised the same concern.
“This is the first time ever that time for nomination of a judge was so limited, let alone a Judge President,” said Msindo, adding that at least a month was needed.
The Nadel Mthatha branch, which Msindo represents 25 magisterial nominated four judges.
They are Mthatha High Court Deputy Judge President Zamani Nhlangulela, Bhisho High Court Deputy Judge President Dawid van Zyl, Grahamst Judge Mandela Makaula and Bhisho’s Judge Selby Mbenenge.
“Their respective profiles speak volumes about their capabilities in discharging their constitutional obligations,” said Makangela.
The TAA nominated two candidates – Nhlangulela and Makaula.
Sangoni was appointed Judge President in May 2010, the same day Makaula was appointed a Grahamstown judge.
Sangoni is of amaQiya royal clan, a traditional chief and head of the traditional council in Qokolweni village in Mthatha. His brother has been acting for him.
Black Lawyers’ Association provincial chairman Bayethe Maswazi said they had not made any nominations. districts,