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 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 |
|
|
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 |
|
| 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 |
|
|
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
