Sunday Times

Let merit be the only measure of a person’s fitness to judge

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CONTROVERS­Y concerning the appointmen­t of judges would seem to be neglecting the important question of the purpose for which judges are appointed, “When a judge courts controvers­y” (August 4). They are appointed, as all civil servants are, to provide a service. They are not, or should not, be appointed on any ground of personal entitlemen­t, however hard their lot may have been in the past.

I have white skin and blue eyes, yet when my life depends on the skill of another person, I am not in the least concerned that the person should resemble me in appearance, but rather that he should be highly skilled in his trade or profession. When I fly, I simply want the aircraft in which I am flying to have been designed and tested by the most highly skilled engineers available, maintained by the most highly skilled mechanics available, flown by the most highly skilled pilots available and guided by the most highly skilled flight controller­s available. Similar considerat­ions would apply were I to have to undergo surgery or be involved in litigation.

Judges are endowed with enormous powers to make or break the lives of their fellow humans. They are granted those powers not in their own interests, but in the interests of the litigants who are to appear before them. If the colour of a potential judge’s skin (or any other considerat­ion, such as his political leanings) is allowed to override the greater forensic skills of another candidate, those, of whatsoever race, who subsequent­ly appear before that judge will pay the penalty of having their cases less competentl­y decided than it would have been had the vacancy been filled on the criterion of merit alone.

By ignoring this essential fact, the chief justice, it is respectful­ly submitted, has shown himself unfit for the high office he holds. — Geoffrey Malcolm Wittenberg, Muizenberg

 ?? Picture: REUTERS ?? ZIP IT: Dominique Strauss-Kahn resigned as head of the Internatio­nal Monetary Fund after allegation­s that he had sexually assaulted a hotel employee. He now faces charges of pimping
Picture: REUTERS ZIP IT: Dominique Strauss-Kahn resigned as head of the Internatio­nal Monetary Fund after allegation­s that he had sexually assaulted a hotel employee. He now faces charges of pimping

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