Quote of the week

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.

Plasket AJ
Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19 (11 April 2003)
12 January 2010

JSC announcement: judicial vacancies

REPUBLIC OF SOUTH AFRICA

JUDICIAL SERVICE COMMISSION

MEDIA ANNOUNCEMENT

Judicial Vacancies

Meeting of the Judicial Service Commission 12-16 April 2010

The Judicial Service Commission invites nominations to fill vacancies as Judges in the following Courts:

(1)         North and South Gauteng High Court

One vacancy (Deputy Judge President)

(2)         North and South Gauteng High Court

Six vacancies

(3)         Limpopo High Court ( formerly Venda High Court)

One vacancy

(4)         KwaZulu–Natal High Court

One vacancy (Judge President)

Two vacancies (Judges)

(5)         Western Cape High Court

Three vacancies

(6)         Eastern Cape Division

One vacancy (Judge President)

Eastern Cape (Mthatha)

One vacancy

Eastern Cape (Grahamstown)

Three vacancies

Eastern Cape (Port Elizabeth)

One vacancy

(7)         North West High Court

One vacancy (Judge President)

(8)         Labour Appeal Court

Six vacancies

(9)         Labour Court

Three vacancies

(10)     Labour Appeal Court and Labour Court

One vacancy (Judge President)

Nominations must be accompanied by the nominee’s written consent and the standard questionnaire completed and signed by the nominee.

If any judicial vacancy arises between the date of this notice and the dates on which candidates are interviewed, the Judicial Service Commission may, after the interviews, fill such vacancy if it considers that suitable candidates are available.  This is to avoid the situation which has arisen in the past when, despite the availability of suitable candidates, no appointments could be made to fill vacancies which had occurred subsequent to the notice calling for nominations.  Consequently, in making nominations, regard should be had to the possibility that more judicial vacancies may occur than have been advertised.

I wish to emphasize the following points:

1.      Interviews with short-listed candidates will be conducted in public, i.e. members of the public and the media will be entitled to be present.

2.      It is open to persons or bodies nominating candidates to motivate their nominations by referring the Commission to the candidate’s qualifications and general fitness for appointment.

3.      The questionnaire must be accompanied by the standardised “clearance certificate” which the candidate is required to obtain from his/her professional body regarding the candidate’s professional status within that body, his or her suitability for appointment to the Bench and the nature of any disciplinary proceedings completed or pending in respect of the relevant candidate.

4.      Nominations must be addressed to and reach the Secretary of the Commission not later than Friday 05 February 2010 at 16h00.

The meeting of the Judicial Service Commission and the interviewing of shortlisted candidates has been scheduled to take place at the Twelve Apostles Hotel, Cape Town from 12-16 April 2010.

Applications must be addressed to:

Ms. Vuyelwa Masangwana

Constitutional Court

Private Bag X1

Constitution Hill

Braamfontein

Johannesburg

2017

Tel: (011) 359 7570/7537

Fax: (011) 403 5964

Fax2Email: 086 649 0944

____________________________________

S S Ngcobo

Chief Justice of South Africa

Chairperson: Judicial Service Commission

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