JSC facing challenge over Gauntlett

2012-11-12 11:00

Johannesburg - To "avoid litigation" the JSC needs to clarify its reasons for not recommending advocate Jeremy Gauntlett for appointment to the Western Cape High Court, Business Day reported on Monday.

Retired deputy Supreme Court of Appeal president, Louis Harms, wrote to the Judicial Service Commission again for it to clarify its reasons. Harms nominated Gauntlett for the high court position.

He warned the JSC he found the exclusion "irrational and therefore legally assailable".

Last week the JSC explained why it did not recommend Gauntlett for the position.

These included questions about whether Gauntlett had the "humility and the appropriate temperament" for the job.

On Sunday, it was reported that Gauntlett was set to be nominated as a Constitutional Court judge.

Nominations close on November 23.

  • gary.desousa.7 - 2012-11-12 11:14

    I can see the need for the right temprement for the job,afterall we dont yet need judges to pull out a 9mm when they get cross but humility sounds a bit too much like begging forgiveness for the work thay have done to their masters? Racial quotas play a part here and I hope he goes to the constitutional court and adds value.

      lownabester - 2012-11-12 11:37

      One of the sharpest legal brains in this country. Go for it, Advocate Jeremy Gauntlett !!!!

      claudia.meads - 2012-11-12 11:59

      How can justice have a quota..? The mere notion is a paradoxical absurdity of epic proportions. It says a white judge will make a different interpretation, -will deliver a different judgment, to a black judge (viz the spear-dangling madman's "white man's law" syndrome) - it simply endorses everything Apartheid stood for: ie white people and black people think differently..! Every day the ANC governs SA it proves the National Party was correct after all...

      tw2066 - 2012-11-12 15:39

      Justice quotas .... Well Mogoeng, Hlope, Nokala Motata, ....then there was Selebi, Cele, Petros and Phiyega. Need I continue? Justice went out the window in 1994. Sorry to be the bearer of truth.

  • larry.piggott1 - 2012-11-12 11:14

    Reason = Paleface.

  • nyiko.ngobeni.5011 - 2012-11-12 11:17

    Ag man go away...

      Xavier7034 - 2012-11-12 12:22

      Ag Boy go away :-)

      tw2066 - 2012-11-12 15:41

      Will do. Get the ANC to send me to ANYWHERE but Africa, and I will go gladly.

  • coenraad.vanderwesthuizen.3 - 2012-11-12 11:20

    "These included questions about whether Gauntlett had the "humility and the appropriate temperament" for the job." i.o.w. he is not an ANC suck-up...

  • Montagnes.Bleues - 2012-11-12 11:23

    The ANC deployed cadre's inefficiency and leanings to "obedient tribal dictatorial nepotism" has reached extreme and alarming levels in it's efforts to annihilate our Democracy and any bastions of 'checks & balances' it might have ever had, especially under this zuma regime.

  • irene.buthelezi.1 - 2012-11-12 11:30

    The reason is quite simple. The guys white, doesn't matter what his credentials are!

      sheik.mohammad.378 - 2012-11-12 11:43

      and he does not fit into their plans of controlling the rule of law....Look no farther than North of our border to see ANC's future.

      siphom.mnguni - 2012-11-12 12:31

      Brilliant comment, Irene. Really if someone has an interest in law and who reads law judgments, hell, the guy is a genius. For someone to be recommended by the retired Justice Louis Harmse, man, oh man, he is out of this world. I've read countless judgments by Justice Harmse in my law degree studies, you're spellbound. Unless people has something to hide then \he lacks humillity and the required temperate for the job\ whatever nonsense that means. Look North of the Limpopo where judges are bought by an assortment of things like 4x4s, farms and plasma screens to rule \the right way.

  • david.lebethe - 2012-11-12 11:44

    It's interesting how liberals (read whites) bulldoze their way, including using courts to attain their objective. You wonder where are black organisations (i.e. Black Lawyers Association and AZAPO) to argue a black course. Surely, there are many black people with silk to look for and recommend for any vacant post in the judiciary.

      rhysvw - 2012-11-12 12:02

      I guess your president Zuma (who is black)bulldoxed his way through marshmallows and rice crispie treats. or did he rape lady justice, employ the spy bosses and make use of both legal and illegal means? You sir are an anti-revolutionary racist.

      Gatvol Griet - 2012-11-12 12:14

      Yes, surely there are many blacks who can be bribed to suit the ANc's communist agenda to rewrite our constitution, to create a black elite who has power to imprison opponents.

      mike.down.5492 - 2012-11-12 12:15

      The Bench is already 66% judges of colour as per the Deputy Judge President of the South Gauteng Court and therefore he can be chosen on merit alone.

      mike.down.5492 - 2012-11-12 12:47

      kagiso I cut and pasted these figures directly from his speech to the Northern Province law society Total number of judges 237 of which White 80 (34%) Black 157 (66%) Male 170 (72%) Female 68 (29%)

      Montagnes.Bleues - 2012-11-12 13:30

      Black this and black that??????? Can you WANT to wake up every morning hating the fact that you are a great black person and must resort to base hatred? Are we NOT all South Africans? Isn't it time that every little Nationalist Party Apartheid type tick box is removed from every form under this tribal ANC regime now and the media never refer primarily to color AS IN LINE with the demands of our Constitution? Those org's are basically too busy huffing and scrabbling at the tax payers coffers and signing up with a flourish, more inept and illicit trender-deals regardless of the fact that each deal and contract is actually a worse crime against their own citizens than violent murder.

      irene.buthelezi.1 - 2012-11-12 14:53

      @david.lebethe ~ Is there a White Lawyers Association? Just imagine the outcry is there was!!!!

  • Gatvol Griet - 2012-11-12 12:04

    He's white, that's why.

  • christopher.m.lowe - 2012-11-12 12:37

    He'd show up half the current SA judiciary, as he already does most of the JSC who are mostly either afraid or in awe of him. He's brilliantly effective, hard working, ruthlessly efficient, unbelievably well qualified, outstanding in court - and a white South African male. Go figure.

  • hitting.thefan - 2012-11-12 12:42

    Because we have all this inteference in the systems of government and the judiciary there will always be this unlawful decisions based on the supposed vision of the ruling party and normally these are the visions of un-educated people that was placed in parliament by the masses. Also moves are made to the advantage of some cadres in the ruling party. Where is the inpartiality!!

  • miles.divett - 2012-11-12 12:46

    This is ridiculous. Jeremy Gauntlett is one of the finest jurists in South Africa and would only enhance the stature of the judiciary.

      irene.buthelezi.1 - 2012-11-12 14:53

      Exactly, but that's not what is on cANCer's agenda.

  • chris.braum - 2012-11-12 16:12

    With the accumulation of really bad decisions emanating from the JSC, is it perhaps not time to put them under investigation?

  • lee.brand.73 - 2012-11-12 17:57

    Its been said. He is not mediocre enough, pliable enough, corruptable enough, greedy enough, noneffective enough, lazy enough or black enough. Enough said - I totally agree - he is clearly not the right man for the job.

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