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.
Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19 (11 April 2003)
JSC announcement on judicial appointments
Constitutional Court Tel: (011) 359 7537
Private Bag X1 Fax: 086 649 0944
Constitution Hill
Braamfontein
Johannesburg
2017
REPUBLIC OF SOUTH AFRICA
JUDICIAL SERVICE COMMISSION
PRESS RELEASE
20 April 2011
JSC Media – 1
The Judicial Service Commission (JSC) has concluded interviews of Judges to fill vacancies in the Bench
During the period 04-12 April 2011, the Judicial Service Commission conducted interviews at the Cape Town International Convention Centre for the various vacant judges’ positions in the Supreme Court of Appeal, Competition Appeal Court, Electoral Court and the various divisions of the High Court. There were 31 candidates that were shortlisted and interviewed by the JSC and following the conclusion of the interviews, the JSC has presented the following recommendations to the President of the Republic of South Africa, Mr Jacob Zuma:
| VACANCY |
COURT |
RECOMMENDED CANDIDATES |
| Two positions for Judges of Appeal | Supreme Court of Appeal | Judge M J D Wallis
The JSC was unable to recommend a candidate to fill the other vacancy. |
|
|
||
| VACANCY |
COURT |
RECOMMENDED CANDIDATE |
| One position for a Judge of Appeal | Competition Appeal Court | Judge D H Zondi |
| VACANCY |
COURT |
RECOMMENDED CANDIDATE |
| Two positions for Judges | Electoral Court | Adv M M Mthembu
The JSC was unable to recommend a candidate to fill the other vacancy. |
|
KWAZULU-NATAL |
||
| VACANCY |
COURT |
RECOMMENDED CANDIDATES |
| Three positions for Judges | KwaZulu-Natal High Court |
The JSC was unable to recommend a candidate to fill the other vacancy. |
|
NORTHERN CAPE |
||
| VACANCY |
COURT |
RECOMMENDED CANDIDATE |
| One position for a Judge. | Northern Cape High Court | Acting Judge M V Phatshoane |
|
GAUTENG |
||
| VACANCY |
COURT |
RECOMMENDED CANDIDATES |
| Six positions for Judges | North and South Gauteng High Court |
The JSC was unable to recommend candidates for the other two vacancies. |
|
WESTERN CAPE |
||
| VACANCY |
COURT |
RECOMMENDED CANDIDATES |
| Three positions for Judges | Western Cape High Court | Acting Judge R C A Henney
The JSC was unable to recommend candidates to fill the two other vacancies. |
The Chairperson of the JSC, Chief Justice Ngcobo expressed his satisfaction with the professionalism and dedication displayed by the JSC Commissioners in dealing with the interviews of the Judges. The JSC Commissioners have ensured that the process of interviewing the Judges is done in a dignified manner with great appreciation to the real needs of the Judiciary.
The JSC reiterates its concern about the number of women candidates making themselves available for judicial positions. This concern is illustrated by the fact that of the 31 candidates that were shortlisted for the vacant positions, only 9 were women. Of the 9 women interviewed by the JSC, there are only 3 women recommended to the President for appointment. If the JSC were to fulfil its constitutional mandate bestowed on it pursuant to the provisions of section 174 (2) of the Constitution, which requires the JSC to give consideration to the need of the judiciary to reflect broadly the racial and gender composition of South Africa when judicial appointments are made, more women and black candidates should make themselves available for these positions.
The JSC was unable to recommend candidates to some of the vacancies in the Supreme Court of Appeal, Electoral Court, KwaZulu-Natal High Court, North and South Gauteng High Court and the Western Cape High Court. It is envisaged by the JSC that all these positions will be re-advertised and considered in the next sitting of the JSC.
Issued by the JSC
Adv Ntsebeza SC and Mr CP Fourie
Contact details: 082 467 2490 and 082 881 1737
Email:Ntsebeza@mweb.co.za and CPFourie@fsf.co.za
