Quote of the week

Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation.  This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.

KHAMPEPE J and THERON J
Public Protector v South African Reserve Bank (CCT107/18) [2019] ZACC 29 (22 July 2019)
3 March 2016

Shortlisted candidates for judicial positions: April 2016 interviews

JUDICIAL SERVICE COMMISSION: SHORTLISTED CANDIDATES FOR JUDICIAL POSITIONS 

On 21 January 2016 the Judicial Service Commission (JSC) published notices in the media calling for nominations of interested persons to fill 14 vacancies in the various superior courts including the Constitutional Court. The closing date for submission of nominations was set for 12 February 2016. On 27 February 2016, the JSC met and compiled a short list of candidates to be interviewed at its sitting to be held in Cape Town on 04-08 April 2016 as follows:

1. Constitutional Court (one vacancy) 

The JSC advertised a single vacancy that arose following the discharge from active service of Justice Van Der Westhuizen. No candidates were put on the short list for this vacancy due to the insufficient number of nominations received. There were only three candidates nominated which is less than the threshold required by the provisions of section 174(4) of the Constitution. Section 174(4) of the Constitution requires the JSC, in respect of filing vacancies in the Constitutional Court, to submit a list of nominees with three names more than the number of appointments to be made, to the President. This vacancy will be re-advertised in due course.

2. Supreme Court of Appeal (Two vacancies) 

Judge E D Baartman

Judge T R Gorven

Judge M F Legodi

Judge P A Meyer 2

Judge B C Mocumie

Judge D Pillay

Judge C H G Van Der Merwe

3. Eastern Cape Division of the High Court (Mthatha and Port Elizabeth) (Two vacancies) 

Adv R W N Brooks SC

Adv C T S Cossie

Adv N C D Msizi

Ms B Ndzondo

Ms N Saba

4. KwaZulu-Natal Division of the High Court (Deputy Judge President) (One vacancy) 

Judge S Gyanda

Judge M I Madondo

Judge B J Mnguni

5. KwaZulu-Natal Division of the High Court (Two vacancies) 

Adv P C Bezuidenhout SC

Ms S Maphumulo

Ms B S Masipa

Adv I L Topping SC

6. Limpopo Division of the High Court (Deputy Judge President) (One vacancy) 

Judge N F Kgomo

Judge F E Mokgohloa

Judge A M L Phatudi

7. Limpopo Division of the High Court (Two vacancies) 

Ms M C De Klerk

Mr M F Kganyago 3

Ms A Lamminga

Adv G C Muller SC

Mr M G Phatudi

8. Western Cape Division of the High Court (Deputy Judge President) (One vacancy) 

Judge R Allie

Judge P L Goliath

Judge A Le Grange

9. Western Cape Division of the High Court (Two vacancies) 

Adv M J Donen SC

Mr S J Koen

Mr L G Nuku

Mr J F Riley

In total, the JSC has therefore shortlisted 34 candidates. The shortlisted candidates will be notified of the date, time and venue of the interviews in due course.

Law bodies and members of the public wishing to comment on the candidates should address their comments to the Secretariat of the Judicial Service Commission at Chiloane@concourt.org.za alternatively Dube@concourt.org.za. Comments must reach the Secretariat by no later than 23 March 2016.

Issued by the Judicial Service Commission

Enq: Adv D Ntsebeza SC 0824672490 and Mr C P Fourie 0828811737 

01 March 2016

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