Legalbrief | your legal news hub Thursday 30 September 2021

Zuma will take advice on CJ from Langa and JSC

President will only decide on the next Chief Justice after discussions with the incumbent, , and the JSC. A report in the Sunday Tribune notes that controversial Cape Judge President , the subject of misconduct claims being investigated by the JSC, is involved in a tussle for the job with , the respected current Deputy Chief Justice, and fellow Constitutional Court Judges and Zac Yakoob, both of whom, it says, are held in high regard by their peers.

Vincent Magwenya, the presidential spokesperson is quoted as saying Zuma would not be drawn into the debate over who would succeed Langa, but would listen to advice from Langa and the JSC before making a decision. 'The rule book says that there is no provision for nomination to the position, it is purely a presidential appointment, made in conjunction with the outgoing chief justice and the JSC,' he said. The report notes that Langa and three Constitutional Court judges - , Kate O'Regan and - are retiring next month, and the JSC has short-listed a host of candidates, including Hlophe, to fill the vacancies. Full Sunday Tribune report

Hlophe's supporters are pushing hard for the appointment of the Cape Judge President. The Justice for Hlophe Alliance, which spokesperson Percy Gumbi claimed registers 'new members every second', will this week launch its 'one million signatures, one month' petition campaign. The petition will be sent to Zuma, notes a report in The Times. 'We will not use the petition to influence Zuma's decision. These days, the word 'influence' is being abused too often. We are lobbying and there is nothing illegal about that. We are not breaking the rules by saying that he is the candidate that the masses want. We will simply be bringing Zuma's attention to John Hlophe,' Gumbi is quoted as saying. Full report in The Times Short-list

Meanwhile, Moseneke backers are daring to believe that their man will get the post. He certainly appears to be back in the running for a position regarded as one of the most critical in our democracy, particularly, says a report in The Star, at a juncture where the independence of the judiciary is being questioned. The report notes after last January's unfortunate political interference when Moseneke was all but instructed to apologise after he spoke openly about the ANC at his 60th birthday celebrations, his name has finally been elevated again. And, it says, those who champion Moseneke will be relieved he is again seen to be in the front of the battle. Full Saturday Star report (subscription needed)

Less fortunate is SA Human Rights Commission chairperson Jody Kollapen, who is one of three nominees who failed to make the official JSC short-list for interviews for vacancies on the Constitutional Court. The Star reports that it is understood that SA Law Commissioner Thuli Madonsela and GL Bhika, who has served as an acting judge, were also culled from an original list of 28 nominations for the four vacancies. Among those earmarked as interview possibilities by Transvaal Provincial Division Judge President Bernard Ngoepe's sub-committee are Cape High Court Judge James Yekiso and Labour Court of Appeal president . Full report in The Star (subscription needed)

The JSC is having difficulty keeping up with the need to fill vacancies, according to a Beeld report, which notes Langa has announced that another 15 vacancies exist. The latest vacancies, it says, include positions at the SCA (2), Gauteng courts (6), as well as the post of Deputy President of the Labour Appeal Court. The deadline for nominations is 28 August. Full Beeld report

Legal commentator Carmel Rickard questions the reliability of the JSC selection process in an article in The Weekender. She claims the JSC is lagging the world on the need for proper 'due diligence' checks to be carried out on the candidates who come before the JSC. This, she writes, would be an investigation into relevant aspects of the nominee's professional (and, where necessary, private) life so that commissioners have all the information they need to make a proper assessment before recommending that someone be appointed. She points out the JSC doesn't have the staff necessary to carry out a proper check. 'So over the years, a kind of Reader's Digest version of due diligence has evolved: candidates are asked for a 'clearance certificate' from their professional bodies.' This, says Rickard, merely states whether they are members in good standing, and whether they have ever been investigated for unprofessional behaviour. Full article in The Weekender

An editorial in the Sunday Times urges the return of dignity and integrity to the Bench, and suggests President Jacob Zuma can help to ensure this by making the right appointments to the Constitutional Court. Full Sunday Times editorial