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)
20 April 2011

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
  1. Acting Judge Y T Mbatha
  2. Adv J A Ploos Van Amstel SC

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
  1. Acting Judge N J Kollapen
  2. Adv J W Louw SC
  3. Mr N D Tshabalala
  4. Adv S E Weiner SC

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

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