Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
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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