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 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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