Is there any place for white justices at the ConCourt? The JSC doesn’t seem to think so

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Judge David Unterhalter is widely recognised as one of the top lawyers ever produced by South Africa.
Judge David Unterhalter is widely recognised as one of the top lawyers ever produced by South Africa.
PHOTO: Theana Breugem

Two of South Africa's most internationally renowned legal minds were excluded from a shortlist for possible appointment to the Constitutional Court - primarily, it appears, on the basis that they are white men. 

Judge David Unterhalter and advocate Alan Dodson, who are, respectively, regarded as global experts in international competition law and land reform, were the only two candidates the Judicial Service Commission (JSC) chose to cut from its five-member Constitutional Court shortlist. 

The JSC produced its latest shortlist after being forced to rerun its heavily politicised and deeply controversial April 2021 Constitutional Court interview process, whose lawfulness and rationality was legally challenged by the Council for the Advancement of the SA Constitution (Casac). 

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