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)
Judicial Vacancies: nominations sought
MEDIA ANNOUNCEMENT: JUDICIAL VACANCIES
The Judicial Service Commission (JSC) invites nominations to fill vacancies as Judges in the following Courts:
- Eastern Cape Division of the High Court
Two vacancies (Deputy Judges President, Bhisho and Mthatha)
One vacancy (Port Elizabeth)
- Free State Division of the High Court
Two vacancies
- Gauteng Division of the High Court
Six vacancies
- Labour Court
Two vacancies
- KwaZulu-Natal
One vacancy (Deputy Judge President)
Two vacancies
- Northern Cape Division of the High Court
One vacancy
Nominations must be accompanied by the candidate’s written consent, detailed curriculum vitae disclosing the candidate’s formal qualifications for appointment, the standard questionnaire completed and signed by the candidate, as well as copies of at least three written judgments by the candidate. The standard questionnaire to be completed by all nominees is available on the South African Judiciary website: www.judiciary.org.za alternatively on the Constitutional Court website: www.constitutionalcourt.org.za.
The JSC reserves the right to recommend a candidate for the filling of any vacancy which may exist at the time of the interviews. This is to avoid the situation which has arisen in the past when, despite the availability of suitable candidates, no appointments could be made to fill vacancies which had occurred subsequent to the notice calling for nominations. Consequently, in making nominations, regard should be had to the possibility that more judicial vacancies may occur than have been advertised.
The Secretariat wishes to emphasize the following points:
- Interviews with short-listed candidates will be conducted in public, i.e. members of the public and the media (both electronic and print) will be entitled to be present.
- It is open to persons or bodies nominating candidates to motivate their nominations by referring the JSC to the candidate’s qualifications and general fitness for appointment.
- The questionnaire must be accompanied by the standardized “clearance certificate” which the candidate is required to obtain from his/her professional body regarding the candidate’s professional status within that body, his or her suitability for appointment to the Bench and the nature of any disciplinary proceedings completed or pending in respect of the relevant candidate.
- Nominations must be addressed to and reach the Secretariat of the JSC not later than Monday, 11 August 2015.
Interviews will take place during the week of 05-09 October 2015 in Cape Town. The exact venue for the interviews will be communicated to shortlisted candidates and members of the public in due course.
Applications must be addressed to:
The Secretariat of the JSC
Constitutional Court
Private Bag X1
Constitution Hill
Braamfontein
Johannesburg
2017
Tel: (011) 838 2019/2015
Fax2Email: 086 649 0944
Email: Chiloane@concourt.org.za alternatively Dube@concourt.org.za
Candidates who wish to hand deliver their nominations could do so either at 14th Floor Edura House, 41 Fox Street, Johannesburg alternatively at the Constitutional Court.
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Sello Chiloane
Secretariat: Judicial Service Commission
