Why did judge David Unterhalter have a much tougher interview at the recent JSC hearings to fill two vacant positions on the Constitutional Court compared to the other candidates that were interviewed for the job?
News24 spoke to two legal experts, judge Dennis Davis of the Western Cape high court and executive secretary of the Council for the Advancement of the South African Constitution (Casac), Lawson Naidoo, who shared their views on Unterhalter’s treatment by the JSC.
Naidoo said Unterhalter was treated unfairly by the JSC, and the questions posed to the judge were much harsher in tone and nature compared to the other candidates. Naidoo did not speculate as to why the JSC would not want Unterhalter on the ConCourt but said it was not based on his legal acumen and experience.
There has been some consternation around Unterhalter because he is a white male, but Naidoo contends that while diversity on the court is paramount, the focus should be on gender balance.
Naidoo added that no one should be excluded from being appointed to the court on race alone.
Meanwhile, Davis, concerning there being no permanent white members of the court currently, said the constitution makes it clear that the demographics of the court must be representative of the country.
Davis remarked on how well the country has done to have a judiciary that is truly representative and rebuffed the idea of any sort of quota system for the courts.
In a separate piece, Jonathan Jansen writes that he “squirmed” while watching two white men – Unterhalter and advocate Alan Dodson – being interviewed for the Constitutional Court when they were asked about their commitment to transformation.
“There are two problems with this other form of racial backwardness. One, it assumes all black jurists are for transformation and two, that all white jurists are suspected anti-transformation agents simply by virtue of the epidermis,” writes Jansen.
Here’s a roundup of interesting opinions, analyses, and editorials:
The JSC continues to fail South Africa’s judiciary – Daily Maverick
Diminished Expectations? David Mabuza’s race for ANC deputy presidency hits Mpumalanga brick wall – Daily Maverick
EDITORIAL: ANC gives SA the middle finger – Financial Mail
SANISHA PACKIRISAMY: Fuel levy drop a much-needed breather for struggling consumers – Financial Mail
Qaanitah Hunter | Forget about bringing reform to the ANC, the ‘step-aside’ policy is just a sham – News24 (for subscribers)
