Do what Afrikaners did, JSC urged

Johannesburg - The Judicial Service Commission (JSC) should be able to do what the Afrikaners did in the "old days of apartheid".

That's according to the Higher Education Transformation Network, which wants to add its voice to a court battle over the weight the JSC attaches to transformation when nominating judges for appointment.

The Helen Suzman Foundation (HSF) is taking the commission to court over what it calls the JSC’s "legally flawed" understanding of the role transformation should play in the process.

The HSF is arguing that the race and gender of candidate can only ever form part of a "basket of relevant considerations in respect of which the JSC must meaningfully apply its mind".

Network chairperson Lucky Thekisho said they had instructed their lawyers to have them admitted as a friend of the court, because the HSF needs to respect the fact that South Africa is "a democratic country where the will of the majority must be respected".

Thekisho said: "We think the JSC has done a marvelous job and it must be given that opportunity in terms of trying to bring some change in the judiciary.

"In the old apartheid days, I’m sorry to say, but Afrikaners gave each other an opportunity to be where they are today. Why can’t we do that, as long as we’re in line with the Constitution?"
 
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