The Judicial Services Commission interviews to find the next chief justice of the Constitutional Court turned farcical when JSC members Dali Mpofu and Julius Malema ambushed judges Dunstan Mlambo and Raymond Zondo. Adding to that drama was the shouting match between justice minister Ronald Lamola and Malema.
Mpofu, in particular, was ready to gun for Mlambo after previously appearing before the judge while representing Zuma.
Commentators are keen to point out the flaws in the JSC process and have argued that Mpofu’s conduct should be investigated and that the entire JSC should be reformed.
William Gumede writes: “The fundamental flaw in the JSC is that it is dominated by politicians and appointees of the president, with no societal representation. In the current set-up the president and ruling party have a disproportionate say in who should be selected as chief justice.”
Gumede points out (for subscribers) that when judges are considered for appointments to the ConCourt they often have to go up against politicians who do not like them, perhaps they have ruled against that politician, perhaps they have held steady and stood up against corruption and protecting the constitution.
All those factors could negatively affect their chances of being appointed to the ConCourt. That surely cannot be justice nor is it a fair trial (to borrow a turn of phrase). If anything, those should be the qualities you want to see in a ConCourt judge but it’s because of politicians who have their own vendettas against good and honourable judges that candidates like Mlambo and Zondo probably won’t be appointed to the chief justice position.
Gumede argues that the entire JSC needs to be reformed and rejigged so that members of parliament, the governing party, and the president himself do not have so much power over appointing judges.
And when you think about it, the fewer politicians have to do with upholding our fragile constitution, the better.
Here’s a roundup of interesting opinions, analyses, and editorials:
Cyril stands up, then slides again – Justice Malala, Financial Mail (for subscribers)
Local banks funding BIG is no small matter – Editorial, Business Day
SA in the dark over what trade-offs it needs to make – Jabulani Sikhakhane, Business Day (for subscribers)
Why does Arthur Fraser still hold sway over the SSA? – Adriaan Basson, News24 (for subscribers)
Sona 2022: Yes, we can cut through the red tape and fast-track infrastructure development in South Africa – Bongani Mthombeni-Möller, Daily Maverick
