SA public to have say on next chief justice, for the first time

[ponder]

Is the justice system being decolonised? What does the even mean?

My .02c, going off on a bit of a tangent here

Guys like Hlope etcs qualifications are fine imho, in the old days they would have done a b.juris, b.proc, ba law, bcom law degree followed by a 2yr LLB. The b.juris/proc was introduced to quickly get staff into the state workforce to overcome staffing issues, those people would still have had to do a llb to be admitted as practising attorneys/advocates. They would have had to do latin like anybody else as well.

The b.juris/proc degrees were scrapped as they were deemed insufficient to enter the legal profession. Here's the weird thing, a 4yr LLB was introduced without the need for an undergraduate degree which according to many (irrespective of race) is essentially a b.proc degree... The 4yr llb has been heavily criticized as insufficient and not preparing candidates for the profession. Wits actually scrapped their 4yr llb program due to this, I just checked and see it's back so not sure if it's undergone a curriculum change etc, they still recommend students do the undergraduate+llb route though.

Wrt latin being scrapped, black students complained citing it as a barrier to entry. Now one has to ask how come hlope etc managed, how did indians manage, how did whites manage as latin would be a completely foreign language to all these groups. English and afrikaans might use a few latin words but beyond that there's no resemblance. The only people I can see that would find latin 'easier' are romansh, italian, french, spanish and portuguese speakers.

 

[Fulcrum29]

I think the time was just too short for a proper public process.

It wasn’t a proper public process to begin with, but to quote my own post,

Not really by the public. The nominations need to be approved, and I guess that a nomination can only be approved once by a single body, hence the nominations are also limited?

And I would have believed that once this was announced, that every legal body and NGO (in legal services or human rights), ignoring chapter 9 institutions, would have had an approved nomination? This isn’t an opportunity which comes around once every year, this is a long-term recommendation. It is possible that the same bodies may have a single nomination in common. What I am not clear on is whether these nominations must be brought to the bodies, or whether the nominations are made by the bodies themselves, hence a quorum was reached on whom will be nominated.

I would also assume that the presidency (or rather the state) and the JSC has desirable candidates in mind, and the JSC was very clear on that criterion during their interviews. The JSC can deliberate these matters with the above-mentioned bodies.

John Hlophe and Busisiwe Mkhwebane was recommended by the SA Natives Forum, together with the Black Lawyers Association and Democracy in Action.

I don't know who nominated the others.

 

[surface]

Deal with one difficult question at a time and you will greatly reduce the confusion, have you figured out who is the WMC puppet? I gave you enough time.

Has the penny not dropped yet? Looks like genes failure to me.

 

[surface]

Not representative of the country’s demographics. Why?

It kind of is if one has to select out of 6.

 

[azbob]

It kind of is if one has to select out of 6.

Clever bastards. No wonder they kept it at 6.

 

[ponder]

8 candidates nominated for chief justice post, including Zondo, Maya and Mlambo | News24

The Presidency has announced the shortlist of candidates under consideration to become the country's next chief justice.

www.news24.com

Now there's 8,

1. Judge President John Hlophe
2. Justice Mbuyiseli Madlanga
3. Justice Mandisa Maya
4. Dr Wallace Amos Mgoqi
5. Advocate Busisiwe Mkhwebane
6. Judge President Dunstan Mlambo
7. Advocate Alan Nelson, SC
8. Deputy Chief Justice Raymond Zondo

 

[TheChamp]

Dr Wallace Mgoqi, anyone remember him?

 

[ponder]

Dr Wallace Mgoqi, anyone remember him?

Sekunjalo, Ayo Technology Solutions etc

 

[TheChamp]

Sekunjalo, Ayo Technology Solutions etc

Before that?

 

[ponder]

Before that?

Sacked Cape Town city manager?

 

[TheChamp]

Sacked Cape Town city manager?

Yes, I remember the epic fight between him and Zille.

 

[ponder]

Yes, I remember the epic fight between him and Zille.

Lost his case in the high court if not mistaken.

 

[wingnut771]

Is the justice system being decolonised? What does the even mean?

.

 

[ForceFate]

Mkhwebane is not even qualified to represent a client in any court. Same as Judge Tshiqi, who is on the ConCourt bench. Yet here she is. Now people wonder why there is no trust in the decolonised justice system?

How? Isn't she an advocate of the high court? Please elaborate.

 

[Jet-Fighter7700]

is this "picking" going to be similar to how supposedly the public picked a PP?

 

[nivek]

It doesn't matter how many times these knuckleheads shortlist her, Cyril is never going to appoint Busiwe
She must give up this dream, when her term ends as public protector, her career is over, she can go retire in the ATM party

 

[TheChamp]

is this "picking" going to be similar to how supposedly the public picked a PP?

No.

The Public Protector is appointed for a non-renewable seven year term by the President on the recommendation of the National Assembly. The resolution recommending the appointment of the Public Protector must enjoy the support of at least 60% of the members of the National Assembly. The Public Protector may be removed only on grounds of misconduct, incapacity or incompetence.

Section 174(3) of the Constitution empowers the President to appoint the next Chief Justice after consulting the Judicial Service Commission and the leaders of political parties represented in the National Assembly.

 

[ForceFate]

It doesn't matter how many times these knuckleheads shortlist her, Cyril is never going to appoint Busiwe
She must give up this dream, when her term ends as public protector, her career is over, she can go retire in the ATM party

She'll most probably end up in an obscure position as a compromise between Cyril and the RET...that's if they don't wrestle the leadership of the ANC away from him in the next ANC conference.

 

[ForceFate]

Yes, Latin, a cornerstone of law, has been done away with. Would John Hlophe have ever had a chance in a non Africanised justice system? And the PP? And Judge Tshiqi? see what is meant by decolonised? The standards have visibly dropped.

If this guy can, Judge Hlope can...

 

[Oldfut]

From what I have read (DM) Hlope was actually a very good student and lawyer. Just a bit too crooked as a judge so he should have stayed and been an advocate; a bit more work but no problems being dishonest (a crook).