Cachalia against numbers game

2009-09-20 20:34

Johannesburg - Supreme Court of Appeals Judge Azhar Cachalia told the Judicial Service Commission on Sunday that he was against “the numbers game” when it came to deciding whether to appoint black or white judges.

“If me or my family or anybody who appears before a judge I don’t want a judge that looks like me, I want a judge who is fair,” he said during his interview for one of four positions on the Constitutional Court.

He was responding to a question by Independent Democrats leader Patricia de Lille on whether Indian and coloured people are included in the definition of “blacks”.

He said that although broad based economic empowerment legislation defined black as black, coloured and Indian, this was something people got “caught up in”.

The focus should rather be on appointing a competent no racist and non sexist judiciary.

Quota for Jews

He said that during the rule of apartheid era National Party, whose policies were based on separating blacks and whites, they selected from a pool of white judges, and there was a strong feeling that they set quotas for jews.

“There could not be more than one or two in the Appeal Court. They excluded everybody else and within the white group they played the numbers game and that I feel very strongly about and we can’t play the numbers game.”

He did say “it does not work that way” to properly represent every race group.

He said it would be “a problem” if Indians were appointed to the national rugby team because “they are built smaller”, setting off chuckles around the room.

The thought that he would be appointed by the JSC because he is Indian detracted from the process of finding competent people.

JSC commissioner Koos van der Merwe of the Inkatha Freedom Party said he had been with the National Party and had not heard of this to which Cachalia responded that was how they interpreted “what was happening on the bench”.

Judges with no discernable legal ability were “deployed” and “these people were visited on us”.

'Political hacks'

They didn’t know the law and were “political hacks”, he said.

Earlier, he denied that he had considered withdrawing from the application saying he had just asked former Constitutional Court Judge Johann Kriegler if he should stay at the SCA longer. All the candidates had been asked about reports that they had to be convinced not to withdraw their application.

He said he was disappointed that colleague Judge Robert Nugent had withdrawn his application saying he “felt uncomfortable with the process in the present climate”.

- SAPA

Read more on:    jsc  |  koos van der merwe  |  patricia de lille  |  judiciary  |  constitutional court
NEXT ON NEWS24X

SHARE:

Read News24’s Comments Policy

 

Inside News24

 
/Music
 
Traffic
Lottery
 
  • Thursday Montague Gardens - 13:03 PM
    Road name: Montague Drive
    DELAYS through Montague Gardens area due to roadworks
  • Thursday Goodwood - 11:33 AM
    Road name: N7 Vanguard Drive Southbound
    DEAYS towards Voortrekker Road
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Pre-order the Xbox One

Get this all-in-one entertainment system with live TV, movies, social networking and gaming. Pre-order now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Curve 3G 9300

Keep it together Text. Email. Social. With all the different ways to...

From R2499.11

I'm shopping for:

Horoscopes
Aquarius
Aquarius

Your heart is big and you are sensitive to the needs of those around you. Your humanitarian side is emphasized today and you may...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.