Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Western Cape High Court Judge Dennis Davis says the JSC’s recently-published criteria for the appointment of judges are ‘simply not good enough’. Business Day notes the criteria were applied for the first time earlier this month during interviews by the JSC. Davis, speaking at a debate organised by the Constitutional Court Clerks Alumni Association last night, said some of the latest appointments raised ‘troubling questions’, such as whether the JSC was looking for more deference to the government from SA’s judges. He reportedly said it was also essential that the public is informed how the criteria are being implemented. ‘Simply putting those (criteria) out there, in the incoherent way that they have, is simply not good enough.
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