An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
SHORTLISTED CANDIDATES FOR JUDICIAL POSITIONS
On 21 November 2012, the Judicial Service Commission (JSC) published advertisements in the media calling for nominations of interested persons to fill 11 vacancies in the various superior courts. On 23 February 2013, the JSC met and compiled a short list of candidates to be interviewed at its sitting to be held in Cape Town on 08-12 April 2013 as follows:
Judge C M Plasket
Judge H K Saldulker
Judge N P Willis
Ms X B Bacela
Adv C T S Cossie
Adv E Crouse
Mr P P Majeke
Ms B Ndzondo
Judge President D M Davis
The JSC decided to defer this vacancy to its October 2013 Sitting.
Ms S Chesiwe
Adv M J Maluleke
Judge A P Ledwaba
Judge L M Molopa-Sethosa
Judge C Pretorius
Adv A J Bam SC
Ms W Hughes
Ms N V Khumalo
Mr B A Mashile
Ms D S Molefe
Ms S S Mphahlele
Mr V R S N Nkosi
Ms L Windell
Adv G C Wright SC
In total, the JSC has shortlisted 23 candidates of which 14 are women. The shortlisted candidates will be notified of the date, time and venue of the interviews in due course.
Issued by the Judicial Service Commission
Enq: Adv D Ntsebeza SC 0824672490 and Mr C P Fourie 0828811737
26 February 2013
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