Mogoeng prepared to explain JSC move

2012-10-26 22:24
Chief Justice Mogoeng Mogoeng (Picture: Beeld)

Chief Justice Mogoeng Mogoeng (Picture: Beeld)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - Chief Justice Mogoeng Mogoeng says he is prepared to explain why senior advocate Jeremy Gauntlett failed for a fourth time to become a judge.

"We always make reasons for rejection available," Mogoeng told reporters in Pretoria.

Gauntlett failed to make the latest list of candidates the Judicial Service Commission (JSC) recommended to President Jacob Zuma to be appointed as judges.

Business Day Live earlier reported former Supreme Court of Appeal deputy president Louis Harms as describing the exclusion of Gauntlett as "irrational and therefore legally assailable".

Harms, who nominated Gauntlett, conveyed his dissatisfaction to the JSC via his lawyer, Barry Cloete.

Cloete wrote to the JSC: "The preferring of Dolamo AJ over Gauntlett SC is in particular irrational and inexplicable, given what emerged in the interview of Dolamo AJ."

Mogoeng was speaking at a news briefing on Friday to announce the list of candidates recommended for appointment to the bench - sans Gauntlett again.

Mogoeng said though Harms had nominated Gauntlett, it would be necessary to find out from Gauntlett whether he was comfortable with the reasons for not recommending him being disclosed to Harmse.

"We will first run it by advocate Gauntlett," he said. "The bottom line is that reasons will be supplied when asked for."

He declined to discuss the reasons with reporters at the briefing.

Gauntlett had been nominated for a position in the Western Cape High Court, where eight candidates were shortlisted and interviewed.

Before the interviews, the JSC was informed by the deputy judge president of the Western Cape High Court that a fifth vacancy had arisen.

After interviews, the JSC recommended the following candidates as judges: Judith Innes Cloete; Mokgoatji Josiah Dolamo; Babalwa Pearl Mantame; Owen Lloyd Rogers, SC; and Ashton Schippers, SC.

BD Live said Cloete's letter did not specify which aspect of Dolamo’s interview was problematic.

It said Cloete asked Mogoeng to refer Dolamo’s recommendation back to the JSC and ask for reasons why it recommended him and not Gauntlett.

Mogoeng defended the JSC's selection process and said it did not go through the motions of pretending to interview people, then rubber stamp a recommendation by a personality or an organisation.

Once interviews were over, discussions were very open over "who should and shouldn't be appointed".

The committee which conducted the interviews comprised members of the ruling party, opposition parties, and representatives of other organisations, and "most of the time we actually agree on who to appoint", said Mogoeng.



Read News24’s Comments Policy publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Inside News24


Zuma: Pray for peaceful polls

President Jacob Zuma has asked members of the Universal Church of the Kingdom of God to pray for peaceful elections on 7 May.


Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
  • Friday Grabouw - 11:32 AM
    Road name: N2 Eastbound
    DELAYS between Sir Lowrys Pass and Grabouw
  • Friday Cape Town - 10:14 AM
    Road name: M3 Inbound
    EVENT - left lane closed between Rhodes Avenue and UCT
More traffic reports...

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now! - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! 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 Bold 9780

BlackBerry 6 Engage your world with BlackBerry 6 OS on the...

From R3049.00

I'm shopping for:


You may find yourself putting in that extra effort on looking good and making an impression. more

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


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 network.


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.