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JSC presents judicial candidates

2012-10-26 13:27

Pretoria - The Judicial Service Commission (JSC) has recommended a number of candidates for appointment to the bench, Chief Justice Mogoeng Mogoeng said on Friday.

He said in Pretoria the candidates recommended to President Jacob Zuma on October 22 were:

- For Eastern Cape High Court (Mthatha and Port Elizabeth): advocate Murray John Lowe SC and Buyiswa Majiki.

- For the Electoral Court: Judge Dimpheletse Seun Stanley Moshidi and Judge Willem Wepener.
- For the KwaZulu-Natal High Court: Judge Achmat Naaim as deputy judge president.

The JSC advertised three vacancies in North and South Gauteng High Court.

Only two candidates were shortlisted and interviewed for these positions and only one recommendation was made.

The JSC had recommended that Zuma appoint David Stephanus Fourie, SC, as a judge of the North and South Gauteng High Court.

Gauntlett misses out

Four vacancies in the Western Cape High Court were advertised. Eight candidates were shortlisted and interviewed for these positions.

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.

Senior advocate Jeremy Gauntlett, who had applied, again did not make the list.

Mogoeng said the JSC approached matters of transformation with the sensitivity they deserved.

However, no one should think the commission could be pressured into appointing a particular candidate.

"We treat all candidates and representations for and against the same... It is the unexaggerated substance of the representation that matters to us, not merely who it comes from," he said.

Mogoeng said sometimes the CVs of candidates looked good to the JSC members, but perceptions could change once they had been interviewed.

Comments
  • erich.goosen - 2012-10-26 13:52

    The recommended candidates for appointment to the bench are indeed 'worrisome' (to use the words of the Black Lawyers Assn) but my worries are not the same as that of the BLA. To overlook a man of the stature of Jeremy Gauntlett SC clearly shows the bias and misplaced allegiance of the JSC to the present government. The now well-known section 174(2) of the Constitution which is used as justification to recommend candidates of lesser experience and expertise merely because the judiciary should reflect the racial and gender composition of SA must surely be qualified by the knowledge that most inexperienced appointees are in dire need of guidance and mentorship of the more experienced and knowledgeable collegues. Tranformation should NOT be a juggling Act as stated by the Honourable Chief Justice but can only be achieved in the long run if the upcoming judges get the right scholing. It is a time-consuming process but will eventually pay off. You can't mass produce jurists and expect our legal system not to suffer.

      johann.enslin.9 - 2012-10-26 14:39

      Agree.

      jerry.medina.756 - 2012-10-26 15:33

      Did he apply for the job?

      J.Stephen.Whiteley - 2012-10-26 15:37

      Isn't the bias of the Judicial Service Commission precisely because they know that Judges are appointed by the President? If the Judiciary appointed themselves (which would be my preference) there would be an egalitarian, religious or economic bias certainly, but one free from the Executive which already calls all the shots. We do not have a Separation of Powers.

      luther.kingsley.5 - 2012-10-26 16:41

      This is not the only sector that suffers from the colour obsession. Many sectors have virtually collapsed over the past 18years as a result of choosing colour above competence and integrity! They would rather die than ever see the wrong colour in a position even if it means that department will be free from corruption and incompetency.

  • luke.dekoker - 2012-10-26 13:52

    Chief Justice, I trust that you will breakaway from the defective "race & gender representative cadre deployed" and adhere to Section 141 of the Constitution and appoint people that are "fit and proper", and be able to deliver justice effectively and quickly.

      rodney.bevan.58 - 2012-10-26 14:07

      You have to be joking?! This is the guy who let a rapist off with a R4000 fine because "the rapist was known to the victim, so it's not as bad as if it was a stranger". Same judge who reduced sentence for a guy who raped a child because "he tried very hard not to hurt her and only did so accidently when he penetrated her and he paid her off with Simba chips and R30". You honestly can't expect any logic to this morons thinking.

  • cape.maori - 2012-10-26 14:04

    Absolutely shocking to exclude Gauntlett. The JSC has a clear political agenda to exclude those who challenge the government. Gauntlett's membership of FUL is the reason for the exclusion. I can see another court challenge to the JSC's "irrational" decision.

      philip.higgo - 2012-10-26 19:07

      It just serves as an unequivocal verification that they will block anyone who dares to, without fear (or favour or prejudice) take a firm stance and speak out - because it instills in them a fear that he will not `toe the line` and will take-on any part of the establishment when required. Sad....

  • johann.enslin.9 - 2012-10-26 14:40

    Political! Down ANC!

  • tiaan.vanderberg.75 - 2012-10-26 20:24

    Gauntlett SC is a legal wizard. It astonishes me that someone with his history as a top jurist is no eligible to become a judge. A huge loss for the bench.

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