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Gauntlett's Comments Come Back to Bite Him

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Gauntlett's Comments Come Back to Bite Him Legalbrief | your legal news hub Monday 27 September 2021 Gauntlett's comments come back to bite him An article in a newspaper, in which he criticised the Judicial Service Commission and made a comment which is being interpreted as a slight against the Chief Justice, appears to have finally ended Jeremy Gauntlett SC's chances of ever being considered for judicial appointment, writes Legalbrief. On Friday he was eliminated from a list of five contenders for a vacant post on the Constitutional Court. A BDlive report says Gauntlett, widely regarded as a front-runner for appointment to the single vacancy at the Constitutional Court, had already been overlooked four times in the past. JSC spokesperson Dumisa Ntsebeza SC announced that the four names from which President Jacob Zuma must choose the next Constitutional Court judge are Selby Baqwa, Ronnie Bosielo, Mbuyiseli Madlanga SC and Brian Spilg. Chief Justice Mogoeng Mogoeng said the JSC could not shirk its constitutional duty because of popular opinion or to avoid the possibility of a court judgment against the commission. 'We are confident we made the right decision, as unpopular as it might be,' he is quoted in the report as saying. During his JSC interview, Gauntlett reportedly said he had not meant any slight on Mogoeng last year when in a newspaper interview he said did not think God had called on him to be a judge. The report notes Gauntlett's statement was widely viewed as a reference to a remark made by Mogoeng during his interview for the position in 2011. He said at the time, that, after he had been nominated, he had prayed and got a signal that it was the right thing to do. On Friday, Mogoeng told Gauntlett his words were relevant because of the crucial issue of collegiality - it could affect how he related with colleagues if he were to be appointed. BDlive says Gauntlett replied that he had not intended a slight on the Chief Justice, but added that should Mogoeng not want him on the Constitutional Court, 'then I do think you should not send me forward. I really put myself in the hands of the Chief Justice'. Full BDlive report SA's first judicial conduct tribunals have been set up to probe complaints against six judges, including Western Cape Judge President John Hlophe, says a report in The Sunday Independent. On Friday, Mogoeng announced that retired Judge Joop Labuschagne would head the tribunal looking into Hlophe's alleged transgressions, relating to a 2009 complaint from then judges of the Constitutional Court. Eastern Cape High Court Judge Bonisile Sandi and attorney Noxolo Maduba will also be on the tribunal. A tribunal headed by KwaZulu-Natal Deputy Judge President Achmat Naaim Jappie will consider a complaint against Pretoria Judge Nkola Motata, who was convicted of drunk driving. A third tribunal, headed by Justice Bess Nkabinde, of the Constitutional Court, will look into complaints against four Pretoria judges - Ferdi Preller, Ntsikelelo Poswa, Moses Mavundla and George Webster - over the alleged failure to deliver judgments. Full report in The Sunday Independent (subscription needed).
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