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WATCH LIVE | JSC interviews Free State Deputy Judge President candidates

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15 April 10:11

SCA shortlist:  

Judge Zeenat Carelse  

Judge Trevor Gorven

Judge Wendy Hughes  

Judge Nolwazi Mabindla-Boqwana  

Judge Selewe Mothle  

15 April 08:37

JSC concludes interviews for the 2 highest courts in SA

The Judicial Service Commission has concluded a three-day interview marathon for judges.

FOLLOW THE STORY ON NEWS24

14 April 21:26

Commissioner Sigogo asked whether it would make financial sense for Weiner to be appointed with only 5 years until retirement? She says 5 years is a long time for someone with her experience and she still has a contribution to make.

14 April 21:25

Justice Maya asks whether should Weiner's age (with only 5 years left on the Bench) be a bar to her appointment to the SCA? Weiner says no – apart from age discrimination, she is still be able to contribute in her judgment-writing and also mentorship of new judges.

14 April 20:51

The JSC is now interviewing Judge S. E Weiner for the Supreme Court of Appeal position.

14 April 20:41

Commissioner Tshepe asks if Rogers has been involved in skills transfer? Rogers says he has done so informally when black and women judges approach him to comment and review their drafts, and they feel he is not comfortable when he does so.

14 April 20:31

Commissioner Madonsela SC asks why Rogers thinks he's only better for the SCA, considering the appeal hierarchy? Rogers says he can add more value to the SCA and deal with appeal issues make the CC's job easier in terms of crystallizing issues.

Madonsela also asks why Rogers refused to sit with a fellow judge and correct him? Rogers says he could not sit with the other judge in good conscious and believed it was the correct to do in the circumstances.

14 April 20:17

Judge Maya asks Rogers to explain a complaint against him by attorney Xulu and whether it stands in the way of his appointment? Rogers says the JSC should not attach significance to it as it was in relation to a professional misconduct complaint filed against Xulu.

14 April 20:07

Judge O. L Roger is currently being interviewed for the Supreme Court of Appeal position.

14 April 19:38

Commissioner Malema asks how he arrived at the R500 000 damages award in the Trevor Manuel vs EFF case, which the SCA overturned? Matojane says the SCA upheld the case in part and the case is pending before the Concourt, so he is constrained in answering.

14 April 19:22

Commissioner Mmoiemang asks whether Matojane understands how court judgments like Ntlemeza impact the role of the legislature and executive? Matojane says he confines himself to the facts and the law in arriving at his judgments and does not care for the 'noise.'

14 April 18:50

Boqwana's interview has ended. Judge K. E Matojane is currently being interviewed by the JSC.

14 April 18:49

Commissioner Malema asks whether judges make law, in light of the separation of powers principle? Boqwana replies that judges do not necessarily 'make' law but change the course of the law based on how they interpret it in their judgments.

14 April 18:40

Commissioner Nyambi asks what is the role of language in access to justice? Boqwana says people must understand court proceedings and although she understands why English is used, where practicable other languages must be used to allow access to justice.

14 April 18:19

Justice Maya says Boqwana has adjusted well to the SCA and asks whether this was because of her Competition Appeal Court experience? Boqwana agrees and adds that she is now a senior CAC judge and understands collegiality in appeal courts. She's also adapted to online.

14 April 18:03

Judge Aubrey Ledwaba's interview has ended. Up next is Western Cape Judge Nolwazi Mabindla-Boqwana.

14 April 18:01

Malema asks whether Ledwaba's decision to seal the CR17 Bank Statements has caused problems? Ledwaba says he did not himself decide to seal the documents, the parties were fighting over the issue, and he simply said they must be sealed until a court fully deals with the issue.

Commissioner Malema says he is 'jealous' of losing Ledwaba as a deputy judge president as the Judicial Service Commission (JSC) appointed him to succeed Mlambo, and asks for comment. Ledwaba says he understands the sentiment but the JSC will ultimately decide on his future.

14 April 16:52

Judge Petrus Koen's interview has ended. Deputy Judge President Aubrey Ledwaba of the North Gauteng High Court will be interviewed.

14 April 16:50

CJ Mogoeng takes Koen to an incident in 2016 following a proposal for arms of state to embark on cost-cutting measures.

He says it became apparent after discussion with judges in the KZN division that there were concerns, and he had to address the judges at a meeting in September 2016.

Mogoeng says he left the meeting ‘concerned’ and was left questioning whether Koen treated the public, litigants, and other legal practitioners with respect.

“I have never seen Judges Jappie and Madondo so terrified – I didn’t understand until I had a meeting with you and your colleagues. There were three of you who spoke in a way that caused great concern.”

Mogoeng said the cost-cutting proposal furnished to commissioners was an appeal to the judge’s sense of responsibility.

“You were one of the leading voices in the meeting that I have characterized as one of the most unfortunate meetings judges should ever have. Your comments were the most discourteous comments I have ever heard a judge make to his colleagues. I was deeply concerned about how you treat advocates who appear before you...how you treat litigants and other legal practitioners.

“I was shocked, I said to myself, 'how did he become a judge',” Mogoeng added.

Replying to Mogoeng's concern Koen said: “I hear what you have said about your concerns, my intention was never to be discourteous or rude. If it was construed as such, I am saddened by that fact and apologize unreservedly.”

14 April 15:54

Mr. Kenny Mmoiemang MP asks Koen what can be done to educate the public on the separation of powers and avoid unfair attacks on judges? Koen says he writes judgments to be easily understood, and Life Orientation should include constitutional education.

14 April 15:43

Justice Maya says she sees that Koen had heart surgery and asks whether it affects his work life? Koen says he had open-heart surgery, but it has not given him any problems since 2010, even though he lives an active lifestyle.

14 April 15:27

Judge Wendy Hughes is done. Up next is Judge Petrus Arnolus Koen. He was appointed as a judge in 2006.

14 April 15:02

Advocate Dali Mpofu points out that Hughes was on the Bench that dismissed former President Zuma's challenge to Public Protector Thuli Madonsela's State of Capture report and displayed a fine grasp of the specific wording of the relevant laws.

He contends this does not accord with the GCB's criticism of Hughes' writing abilities.

14 April 14:57

Hughes says Judge President Maya dealt with her complaint against the two SCA judges she felt had undermined her.

"That shows you cannot just disrespect someone especially in a place of work. Especially when the place of work is the SCA," Hughes says.

<p>Hughes says Judge President Maya dealt with her complaint against the two SCA judges she felt had undermined her. </p><p>"That shows you cannot just disrespect someone especially in a place of work. Especially when the place of work is the SCA," Hughes says.</p>

14 April 14:55

Hughes is one of the judges who had adverse experiences in the SCA, where she had a disagreement with colleagues over the writing of a judgment and felt deeply disrespected.

She is also hitting back at criticism levelled against her by the General Council of the Bar, who wrote a scathing criticism of some of her writing abilities.

She says she believes she is good enough for the SCA.

14 April 14:50

Hughes talks about the challenges at the SCA and how it impacted her
Hughes talks about the challenges at the SCA and how it
impacted her

14 April 14:39

Maya states her admiration for Hughes' work ethic during her stint at the Appeal Court, where she acted for four stints.

During one of those stints, her parents were ailing and later passed away.

Despite this, Maya says, Hughes "did not ask for any favours".

14 April 14:32

Judge Hughes has been serving at the Pretoria High Court.

One of her rulings - in relation to maladministration and contempt of court - was upheld by the Constitutional Court.

She says this was a huge boost to her confidence.

<p>Judge Hughes has been serving at the Pretoria High Court. </p><p>One of her rulings - in relation to maladministration and contempt of court - was upheld by the Constitutional Court. </p><p>She says this was a huge boost to her confidence.</p>

14 April 14:26

Next up is High Court Judge Wendy Hughes.

14 April 14:25

After explaining that despite his age, he has the experience and is ready for the Appeals Court, Gorven is excused
After explaining that despite his age, he has the experience
and is ready for the Appeals Court, Gorven is excused

14 April 14:16

Gorven says he believes that the courts are failing to properly protect and assist victims of gender-based violence.

He says such cases almost always only involve one witness and stresses that the prosecution needs to find supporting evidence to back up their testimony.

14 April 14:15

Gorven now asked why he and his colleague Eksteen - who are both white males - could not "settle it among themselves" who would apply for the SCA "to make our lives easier".

He laughs and says they both believe they will bring something different to the Appeal Court.

14 April 14:12

In response to questions from Maya, Gorven says there has been a perception that certain cases had been "cherry-picked" so that certain judges got more interesting cases to deal with.

Maya stresses that her court has been working on this and says most of the acting judges currently have two judgments to write.

<p>In response to questions from Maya, Gorven says there has been a perception that certain cases had been "cherry-picked" so that certain judges got more interesting cases to deal with. </p><p>Maya stresses that her court has been working on this and says most of the acting judges currently have two judgments to write.</p>

14 April 14:05

SCA President Maya asks Gorven what he thinks could be improved at the court. He mentions that allocation of cases needs to be looked at "so that it is more even-handed".

14 April 14:03

Gorven is nicknamed "Clever Trevor" and has delivered a number of incredibly important rulings - including his dismissal of businessman Thoshan Panday's bid to block his prosecution for corruption and his invalidation of the racketeering case against former Hawks boss Johan Booysen.

14 April 14:00

Kwazulu-Natal High Court Judge Trevor Gorven now being interviewed for a position at the Appeal Court - where he has served in an acting position for three-and-a-half years.

He describes the court as a "pressure cooker" situation "where mutual support is absolutely crucial".

<p>Kwazulu-Natal High Court Judge Trevor Gorven now being interviewed for a position at the Appeal Court - where he has served in an acting position for three-and-a-half years. </p><p>He describes the court as a "pressure cooker" situation "where mutual support is absolutely crucial".</p>
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