Chief justice decision may go to court

2011-06-07 08:33
Johannesburg - The courts will have to decide whether a section of the Judges' Remuneration and Conditions of Employment Act, used by President Jacob Zuma to reappoint Chief Justice Sandile Ngcobo, is constitutional, The Star reported on Tuesday.

Constitutional law expert Professor Pierre de Vos told the newspaper that Zuma might have a case to answer.

He said groups that questioned the process Zuma used "have a good argument".

"The Constitution gives that power to Parliament. And the power given to Parliament cannot be delegated to the president," De Vos said.

At the weekend, the University of the Witwatersrand-based Centre for Applied Legal Studies said it would challenge Zuma's extension of Ngcobo's services.

Zuma disclosed on Friday that Ngcobo would continue to serve as South Africa's chief judge for the next five years.

Zuma said that on August 15 this year, Ngcobo would have held office as a judge and Constitutional Court judge for a cumulative period of 15 years and three months.

"Acting in terms of... the Judges Remuneration and Conditions of Employment Act... I requested Chief Justice Ngcobo to continue to perform active service as the Chief Justice of the Republic of South Africa, with effect from August 16 [this year] until August 15, 2016," he said.

"He has agreed to my request."

Read more on:    jacob zuma  |  sandile ngcobo  |  judiciary

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