Mogoeng prepared to explain JSC move

2012-10-26 22:24

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.

  • beverly.young3 - 2012-10-26 23:18

    What explantion? He is white therefore he may not serve.

      beverly.young3 - 2012-10-26 23:18


      hendrik.verwoerd.94 - 2012-10-27 06:47

      I do not think that the fact that he is white is the problem. His racist attitude in the past is haunting him. He is part of (I think chairman) a Bar where transformation is nowhere to be seen. 95% of advocates appearing in the High Court every day are still white. He should start fighting for more blacks who are competent to get more work.

      jacqui.daanevanrensburg - 2012-10-27 11:48

      Hnedrik Verwoerd, really, why should he fight for more blacks to get the work. Shouldn't they be doing their own fighting?.

      clive.kihn - 2012-10-27 12:00

      Mr Verwoerd: You are obviously one of those who sees transformation purely and simply as replacing a white person with someone with a darker skin, regardless of his/her ability to do the job. Racism, I call it. We can all see what transformation has done to many govt departments and state-owned enterprises.

      brett.nortje - 2012-10-27 13:16

      Verwoerd, share your evidence of 'a racist attitude in the past' with us. I think you are the kind to defame a better man from the shelter of anonymity.

      mike.down.5492 - 2012-10-27 14:01

      HendrikVerwoerd , I am an advocate and I can confirm that your entire post is bs and that fact can be confirmed by looking at the stats as provided by the Deputy Judge President of the South Gauteng court, P Mojapelo. Also the stats are available in his speech to the Northwest Province law society. I am sure you have never been in a court of law and if so you were ever in court you were probably the accused.

  • beverly.young3 - 2012-10-26 23:24

    Jeremy was called to the Bar in 1974 and took silk in 1989. He became a member of Group 621 in 1999. Jeremy is also a member of Brick Court Chambers in London, a barrister of England and Wales, an advocate of the High Courts of Lesotho, Namibia and Zimbabwe, and a Judge of Appeal of Lesotho. Jeremy was born in Harare, Zimbabwe, in 1950 and obtained his secondary education in Bulawayo. Jeremy was a Beit Scholar at the University of Stellenbosch where he obtained the BA degree cum laude in 1971 and the LLB degree cum laude in 1973. In 1976, as a Rhodes Scholar, Jeremy obtained the BCL degree from University of Oxford (New College). He was thereafter awarded a Harvard Graduate Fellowship. Jeremy has been made a Visiting Scholar at New College, Oxford, and a Professor Extraordinarius at the University of Stellenbosch. He has lectured part-time in constitutional law at Stellenbosch University and in company law at Cape Town University. He has contributed three titles to the Law of South Africa and has written a number of journal articles. Jeremy was President of the Cape Bar in the years 1997 to 1999, and Chairman of the General Council of the Bar in the years 1999 to 2002. He is a member of the South African Law Commission and of the Council of the University of Cape Town. Jeremy’s areas of special interest include administrative and constitutional law, contract law (he has several publications on damages), commercial law and insolvency, labour and arbitrations.

      beverly.young3 - 2012-10-26 23:25

      I pasted that from a page on his life....

      Vince.York - 2012-10-27 06:27

      with all the zuma shennanigans it is most likely the 'special interest in constitutional law' area that concerns Mogoeng and his string puller crony cadres the most. zuma's onslaught against the Judiciary must not be interrupted at any cost eh?

      jacqui.daanevanrensburg - 2012-10-27 11:50

      Yaya and it won't be long and Jeremy will turn is back on this country and leave for greener pastures where they do appreciate his knowledge and don't stumble over his colour.

  • Shaun Abdulah Mac Magida - 2012-10-27 08:35

    Thank you Hendrik surely you know your stuff unlike Mr young.

      beverly.young3 - 2012-10-27 10:38

      I was explaing his qualitfications dolt

      clive.kihn - 2012-10-27 12:04

      Don't be too worried about Ms Magida, yaya: she's obviously one of those to whom "I've made up my mind, don't confuse me with the facts" applies. Madam, please explain how you can give a thumbs-down to FACTS.

  • johan.jacobs.5680 - 2012-10-27 10:58

    Gauntlett failed, because of his brilliance,it's not tollerated in South Africa.

  • bongani.nsele.58 - 2012-10-27 10:59

    Jeremy can go and serve in his native Zimbabwe...

      brett.nortje - 2012-10-27 13:13

      Yes, and the ANC can refund the taxes he has been paying here.

      mike.down.5492 - 2012-10-27 14:04

      Yes lets lose another legal luminary to our local travel agent bongani the brainless

  • jacqui.daanevanrensburg - 2012-10-27 11:47

    Explain?. If he tells the truth he will have to admit that integrity, honesty and more such like well bred attributes are not on their list of preferable candidates. They prefer the Hlopes of this world instead..

  • clive.kihn - 2012-10-27 11:56

    No need to explain, Moegoe Moegoe. He's too white, too bright and too honest, and might thus put the law above the interests of one J Zuma.

  • nyiko.ngobeni.5011 - 2012-10-27 12:05

    Keep them out. On more whitey won't help transformation

      clive.kihn - 2012-10-27 14:02

      But one more black will???? See my comment above about transformation for the sake of transformation - it achieves zilch if the black/brown appointee is not up to the task.

      mike.down.5492 - 2012-10-27 14:05

      The amount of judges of colour is now at 66% per official stats so don't post cr@p.

  • nyiko.ngobeni.5011 - 2012-10-27 12:06

    Keep him out. More of his type don't help transformation

  • nyiko.ngobeni.5011 - 2012-10-27 12:08

    Let him go back to Zimbabwe. He owes it to that country

  • mike.down.5492 - 2012-10-27 14:17

    These are the actual figures as provided by the Deputy Judge President: Total number of judges 237 of which White 80 (34%) Black 157 (66%) Male 170 (72%) Female 68 (29%)

      beverly.young3 - 2012-10-27 16:11

      Well there we go then, nothing more to discuss. A man of Jeremy's qualitfications and experience sure wins hands down? Nope.....*sigh* wrong race. :) they moved the goal posts.

  • tony.naidoo - 2012-10-27 14:48

    Zoombie is scared to run the 'gauntlett'. Jeremy is Zoombie's passport to jail! The people will judge you in a kangaroo court! Then it will be time for a tyre change!

  • mcsquire - 2012-11-12 13:18

    ill tempered???? honourable mr justice shall we go back to your interview that was broadcast for all to see?

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