Quote of the week

Although judicial proceedings will generally be bound by the requirements of natural justice to a greater degree than will hearings before administrative tribunals, judicial decision-makers, by virtue of their positions, have nonetheless been granted considerable deference by appellate courts inquiring into the apprehension of bias. This is because judges ‘are assumed to be [people] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances’: The presumption of impartiality carries considerable weight, for as Blackstone opined at p. 361 in Commentaries on the Laws of England III . . . ‘[t]he law will not suppose possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea’. Thus, reviewing courts have been hesitant to make a finding of bias or to perceive a reasonable apprehension of bias on the part of a judge, in the absence of convincing evidence to that effect.

L'Heureux-Dube and McLachlin JJ
Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288
26 October 2012

JSC announces judicial appointment

The Judicial Service Commission has concluded interviews of Judges to fill vacancies in the Bench

During the period 16-19 October 2012, the Judicial Service Commission (JSC) conducted interviews in Cape Town for the vacant judges’ positions in the various divisions of the High Court.  After the conclusion of the interviews, the Chief Justice met with the President of the Republic of South Africa, Mr J Z Zuma and presented the JSC’s recommendations as follows:

1. 1.            Eastern Cape High Court (Mthatha and Port Elizabeth)

The JSC advertised two vacancies in the Eastern Cape High Court and six candidates were shortlisted and interviewed for these two vacancies.  The JSC has recommended that the President should appoint the following candidates to the Eastern Cape High Court:

Adv Murray John Lowe SC

Ms Buyiswa Majiki

 

1. 2.            Electoral Court

There were two vacancies advertised by the JSC and three candidates were shortlisted and interviewed.  The JSC has recommended that the President should appoint the following candidates as Judges of the Electoral Court:

Judge Dimpheletse Seun Stanley Moshidi; and

Judge Willem Lőtter Wepener

 

1. 3.            KwaZulu-Natal High Court

The JSC advertised a single vacancy of Deputy Judge President and two candidates were shortlisted and interviewed.  The JSC decided to recommend that the President should appoint Judge Achmat Naaim Jappie as Deputy Judge President of the KwaZulu-Natal High Court.

1. 4.          North and South Gauteng High Court

The JSC advertised three vacancies in the North and South Gauteng High Court.  Two candidates were shortlisted and interviewed for these positions.  The JSC has recommended that the President should appoint Adv David Stephanus Fourie SC as a Judge of the North and South Gauteng High Court.

1. 5.          Western Cape High Court

The JSC advertised four vacancies in the Western Cape High Court.  Eight candidates were shortlisted and interviewed for these vacant positions.  Prior to the interviews the JSC was informed by the Deputy Judge President of the Western Cape High Court that a fifth vacancy had arose in the Western Cape High Court and the JSC should consider recommending five candidates to the President.  Following the interviews the JSC recommended that the following candidates should be appointed by the President as Judges of the Western Cape High Court:

Ms Judith Innes Cloete

Mr Mokgoatji Josiah Dolamo

Ms Babalwa Pearl Mantame

Adv Owen Lloyd Rogers SC; and

Adv Ashton Schippers SC

 

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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