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
20 October 2010

JSC announces new judicial appointments

JUDICIAL SERVICE COMMISSION

PRESS RELEASE

20 October 2010

JSC Media – 1

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

The Judicial Service Commission (JSC) has concluded interviews and has presented recommendations to the President of the Republic of South Africa, Mr Jacob Zuma in respect of the appointment of Judges of Appeal to the Supreme Court of Appeal, Deputy Judge President to the KwaZulu-Natal High Court and Judges to the various divisions of the High Courts, as well as the Competition Appeal Court.

The JSC has presented the following recommendations to President Zuma:

VACANCY COURT RECOMMENDED CANDIDATES
Three positions for Judges of Appeal Supreme Court of Appeal
  1. Judge S A Majiedt
  2. Judge W L Seriti
  3. Judge L Theron

KWAZULU-NATAL

VACANCY COURT RECOMMENDED CANDIDATE
One position for Deputy Judge President KwaZulu-Natal High Court Judge C N Patel
Two positions for Judges KwaZulu-Natal High Court
  1. Ms N H Radebe
  2. Adv R Seegobin SC

VACANCY COURT RECOMMENDED CANDIDATE
One position for a Judge of Appeal Competition Appeal Court Judge N C Dambuza

VACANCY COURT RECOMMENDED CANDIDATES
Three positions for Judges of Appeal Labour Appeal Court The JSC decided not to recommend candidates for these vacancies pending the restructuring of the Labour and Labour Appeal Court.

EASTERN CAPE

VACANCY COURT RECOMMENDED CANDIDATES
Two positions for Judges Eastern Cape High Court, Bhisho

Eastern Cape High Court, Mthatha

Adv B Hartle

Acting Judge NG Mjali

GAUTENG

VACANCY COURT RECOMMENDED CANDIDATES
Six positions for Judges North and South Gauteng High Court
  1. Adv H J De Vos SC
  2. Mr H E Ismail
  3. Adv F Kathree-Setiloane
  4. Mr R E Monama
  5. Adv S P Mothle SC
  6. Adv W L Wepener SC

LIMPOPO

VACANCY COURT RECOMMENDED CANDIDATE
One position for a judge Limpopo High Court The JSC was unable to recommend any candidate to fill this position.

NORTH WEST

VACANCY COURT RECOMMENDED CANDIDATE
One position for a Judge North West High Court Adv N Gutta

WESTERN CAPE

VACANCY COURT RECOMMENDED CANDIDATES
Three positions for Judges Western Cape High Court Dr M I Samela

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 could not fill the vacancies in the Labour Appeal Court pending the restructuring of the Labour and Labour Appeal Court. Furthermore, the JSC was unable to recommend candidates to fill the vacant position in the Limpopo High Court, Thohoyandou and the two vacant positions in 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

For more information contact the JSC Spokesperson:

Advocate Dumisa Buhle Ntsebeza SC

Member of the Johannesburg Bar

Tel: +27 11 282 3700

Fax: +27 11 884 8156

Cell: +27 82 467 2490

E-mail: ntsebeza@mweb.co.za

Email Fax: 0866597171

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