- Jun 25, 2010
Looks like Khampepe is due to leave the court next month along with Jafta and Mogoeng as they were all appointed 12 years ago in October 2009:
The shortlisted candidates are for vacancies caused by retirement of Edwin Cameron in 2019 and Johan Froneman in 2020. This means from next month there will be 5 vacancies at the ConCourt.
From the 11 Judges, a minimum of 8 is required for a quorum. In the respect of absentee, unavailability or vacancy, Acting Judges must be appointed for meeting the quorum. If any term is to be extended, it must be by an Act of Parliament.
At this point, the JSC will only appoint two new Constitutional Court judges in October, if any term is to be extended, also given that the normal interview schedule was already a postponed processed which was overruled due to questionable 'antics' of a political nature, and rescheduled for a rerun, an Act of Parliament may extend the term of a Judge or two for the interim until some normalcy is acquired.
Given what I have said above, the conditions being special, it may very well be the reason why Ramaphosa has decided to make this in the interest of the public and enabling the public with the nomination. The question is more who the legal fraternity and human rights associated NGOs will be pushing for Chief Justice?
At the end of the day, it is not who I or you want as Chief Justice, but who is the most 'endorsed' by groups of associations, of which there are shared ideas and ideals, and I can guarantee you that there will be a debate amongst them for a preferential nomination or rather said, candidate.