Concourt Not in Disarray - JSC

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Legalbrief | your legal news hub Friday 24 September 2021 ConCourt not in disarray - JSC Fears that the Constitutional Court is in disarray are unfounded, the Judicial Service Commission (JSC) said yesterday, notes a Mail & Guardian Online report. 'That's definitely incorrect,' JSC spokesperson Marumo Moerane said in reaction to claims made in a report in The Times. The newspaper reported that the highest court in the land is in 'such a shambles' that judges do not want to work there. This follows an announcement by the JSC that it is re-advertising the vacancy that will arise later this year with the retirement of Justice Tholakele Hope 'Tholie' Madala. Moerane confirmed that there will be another four vacancies next year with the retirements of justices Pius Langa, Albie Sachs, Kate O'Regan and Yvonne Mokgoro. This will be a matter for the JSC's April meeting, as their terms end before October. The JSC usually meets twice a year, in April and again in October. The posts will be advertised for the April meeting and filled during the April meeting so the successful candidates can start serving when the others retire. Yesterday, the JSC announced shortlists of candidates for a vacancy for Deputy President of the Supreme Court of Appeal (SCA), and two other vacancies in the SCA. It also announced shortlists for five empty posts in the provincial division of Natal, one in the Free State, two in the Transvaal, one in the Transkei and three in the Labour Court. Full Mail & Guardian Online report The JSC shortlists Monday's JSC announcement that it would re-advertise the impending vacancy might be attributed to 'fairness', a senior lawyer told Business Day yesterday. After the original closing date for nominations - 1 August - three SCA judges not on the original long list were asked to stand. Only five people had applied for the post before the closing date - one more than the four the JSC needed to submit to President Thabo Mbeki. The original list was also thought of as 'weak' by many in the legal profession, notes the report. The decision to re-advertise was made despite the fact that those approached after the closing date, SCA judges Edwin Cameron, Frans Kgomo and Chris Jafta, made the list longer and stronger. Sources said the JSC might have decided to take a fairer, or 'proper approach,' which was, despite the rules, to reopen the process to allow everyone to apply or reapply. Full Business Day report.

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1 Frank Michelman Constitutional Court Oral History Project 28Th
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