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 01 June 2012, the Judicial Service Commission (JSC) published advertisements calling for nominations of interested persons to fill 14 vacancies in the various superior courts. The closing date for the nominations was set for 27 July 2012.
Following the closing date, the JSC met on 18 August 2012 and compiled a short list of candidates to be interviewed at its sitting to be held in Cape Town on 15-19 October 2012 as follows:
1. Eastern Cape High Court (Port Elizabeth and Mthatha) (Two vacancies)
Mr D Hinxa
Ms S Jacobs
Adv M J Lowe SC
Mr P P Majeke
Ms B Majiki
Adv I T Stretch SC
2. Electoral Court (Two vacancies)
Judge M M Mabesele
Judge W L Wepener
3. KwaZulu-Natal High Court (Deputy Judge President) (One vacancy)
Judge A N Jappie
Judge M I Madondo
4. Labour Courts (Judge President) (One vacancy)
Judge B Waglay
5. North and South Gauteng High Court (Deputy Judge President) (One vacancy)
The JSC decided to defer this vacancy to its April 2013 sitting.
6. North and South Gauteng High Court (Three vacancies)
Ms T D Brenner
Adv D S Fourie SC
7. Western Cape High Court (Four vacancies)
Ms J I Cloete
Mr M J Dolamo
Adv J J Gauntlett SC
Mr S J Koen
Ms B P Mantame
Adv O L Rogers SC
Ms N Saba
Adv A Schippers SC
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
06 March 2012
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