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President Cyril Ramaphosa appointed a Shortlisting Panel to assist in recommending candidates for the position of the Chief Justice. On 15 October 2021, the Helen Suzman Foundation (“HSF”) submitted its objections to the Shortlisting Panel against Judge President John Hlophe and the Public Protector, Adv Busisiwe Mkhwebane.
The position of Chief Justice can be considered one of the most important positions in our democracy. Integral to a strong and independent Judiciary, which the public can have confidence in, is the Chief Justice. It therefore must be a person of unblemished integrity who embodies the qualities of independence and impartiality, not to mention having the administrative skills which are needed by the head of the Judiciary.
The HSF submits that both Judge President Hlophe and Adv Mkhwebane do not possess the requirements for leading the Judiciary. Neither candidate meets the criteria set out by the Shortlisting Panel. The findings of the Judicial Conduct Tribunal and the Judicial Service Commission of gross misconduct against Judge President Hlophe and the subsequent impeachment proceedings which are underway in the National Assembly, make him unfit to hold the position of Chief Justice. Likewise, the findings made by the National Assembly’s Independent Panel against Adv Mkhwebane, detailing her incompetence and misconduct, also render her unsuited to hold the position. The HSF therefore strongly objects to the shortlisting of either Judge President Hlophe and Adv Mkhwebane for the position of Chief Justice, as it is clear that neither has the requisite competence or, we believe, the integrity.
It's a farce, the whole thing is about soft social skills and not fsck about legal acumen.
Mogoeng for example should never have been chief justice. Someone like Moseneke was denied that position because he did not cater to politicians.
The judiciary and country is at serious risk due to the politicized JSC.
Next chief justice: Former spy boss Arthur Fraser objects to Zondo's nomination
Former spy boss Arthur Fraser has objected to the nomination of Raymond Zondo as the next chief justice, saying he is not "fit and proper" to hold the position.
In a letter to the short-listing panel on Friday, Fraser accused Zondo of lacking objectivity and integrity.
"Despite my repeated requests to be given an opportunity to appear before him in order to state my version and to defend myself against a well-orchestrated narrative and propaganda against me, Deputy Chief Justice Zondo made sure that I neither presented my version nor got an opportunity to cross-examine those he called to testify against me.
"No independent-minded judge would act in this manner," he said.
Fraser's lawyer, Eric Mabuza, confirmed the letter was sent, but said "no comment".
The Judicial Service Commission was not immediately available for comment. Their comment will be added once received.
He had a bloody cheek to even stand.
Looks like Eastern Cape.That is a huge relief! The candidates left are good and I have hopes between Mlambo and Maya. We shall see.
By the way, what's the EC block of the legal profession? What does 'EC' stand for? I'm referring to this tweet:
That's what I initially thought, because of her roles before the SCA. But I would say it's more than just the legal profession in the EC that supports her.Looks like Eastern Cape.