InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

Issue no.2816 October 2008
Judiciary

This information service also serves to draw attention to current news items
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Contents
Judicial Service Commission
Interviews for Judicial Vacancies
Hlophe Hearings
News articles relating to the Judiciary
Commonwealth Magistrates and Judges Association. Conference. 5-9 October 2008 (Cape Town)
General
International

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 
 Judicial Service Commission
Interviews for Judicial Vacancies

'BLA a political organisation' - 17 October
A would-be judge raised some eyebrows in the Judicial Service Commission on Friday when he insisted that the Black Lawyers' Association (BLA) was a political rather than a legal organisation. Mthatha advocate Robert Dilizo also admitted that though he claimed to be a member of the BLA in his application for a post on the Transkei bench, he had never attended a meeting of the organisation. Dilizo, a former homeland prosecutor and magistrate, was one of four candidates for the single post interviewed on Friday at the JSC's sitting in Cape Town. - IOL website

Labour law discussed at JSC hearings - 16 October
The Labour Relations Act was drafted to recognise the labour rights of illegal immigrants as well, said one of its drafters, Andre van Niekerk, on Thursday. Van Niekerk was being interviewed by the Judicial Service Commission (JSC) for a permanent Labour Court spot. - Mail & Guardian website

JSC candidates quizzed on activism - 16 October
Veteran human rights lawyer and member of the Judicial Service Commission (JSC) George Bizos said yesterday that "people who aspire to become judges should have shown some concern for their society as a whole". Some of the less politically active aspirants for positions as judges squirmed under Bizos's scrutiny at the JSC interviews. - Business Day website

PMB lawyers grilled by JSC - 15 October
Two Pietermaritzburg men were among 10 people interviewed by the Judicial Services Commision here yesterday for five vacancies as judges in the Natal Provincial Division. Bhekisisa Jerome Mnguni, an attorney with the firm Tomlinson Mnguni James and Advocate Trevor Gorven SC both appeared before the panel chaired by Chief Justice Pius Langa. The aspiring judges were drilled on their work experience, the qualities they might bring to the job and on whether they have contributed to transformation in South Africa. - Witness website

Religion in judiciary raises hackles - 15 October
A suggestion by KwaZulu-Natal Judge President Vuka Tshabalala that religion could play a part in the selection of judges raised hackles at Judicial Service Commission hearings in Cape Town on Wednesday. Tshabalala's suggestion came during the JSC's interview of a candidate for the KZN bench, Durban senior counsel Aslam Motala, who is a member of the executive of the Muslim Lawyers' Association. - IOL website

Would-be Appeal Judges quizzed - 15 October
Issues of racial and gender transformation occupied a good part of the interviews for permanent positions to the Supreme Court of Appeal (SCA), conducted by the Judicial Service Commission yesterday. Of the 21 permanent SCA judges , eight are black and three are women . Of the six candidates interviewed yesterday for the two posts, two were black and two were women . The candidates, Northern Cape Judge President Frans Kgomo, Eastern Cape High Court judges Eric Leach, Lusindiso Pakade and Nonkosi Mhlantla, and Johannesburg High Court judges Frans Malan and Suretta Snyders, were all questioned about what could be done to promote equity. - allAfrica website

Judge faces grilling before JSC - 15 October
The second day of the Judicial Service Commission (JSC) hearings held in the seaside Twelve Apostles Hotel in Cape Town got off to an explosive start on Tuesday when Northern Cape Judge President Frans Kgomo finally appeared before the commission. Kgomo, who has applied for a berth at both the Supreme Court of Appeal (SCA) and the Constitutional Court, was taken to task by some of his SCA colleagues about a judgement he handed down in his permanent role in the Northern Cape. He is currently an acting judge of the SCA. - Mail & Guardian website

Judges' racial spat resolved at last minute - 15 October
An ugly race spat between some of South Africa's top judges has been resolved - only hours before one of the judges involved was interviewed for a position in South Africa's Highest Court. Judicial Services Commission (JSC) chairperson Pius Langa said on Tuesday that the complaints and counter-complaints between Northern Cape Judge President Frans Kgomo and judges Steven Majiedt and Hennie Lacock had been "finalised". It had been done without the commission finding any of them guilty of impeachable conduct. But he also revealed that all three had been rapped over the knuckles for their behaviour. Had [Judge Kgomo] been knocked out of the running for the job, the JSC would not have been able to recommend the statutorily required four candidates to President Kgalema Mothlanthe. Three shortlisted candidates from the original seven had already withdrawn. Judge Eberhardt Bertelsman withdrew soon after the announcement of the short list. - IOL website

Judge encounters resistance for JSC top post - 14 October
At least one of the candidates for the top posts on the judiciary has encountered open resistance from a member of the Judicial Service Commission (JSC). Judge Frans Kgomo, currently an acting judge of the Supreme Court of Appeals and Judge President of the Northern Cape, is applying for a permanent position at the appeals court and the Constitutional Court. Inkatha Freedom Party delegate, Koos van der Merwe, told Kgomo that he is not fit for either of the positions. Kgomo was grilled by several members of the JSC about his controversial past. - SABC News website

Kgomo : don't judge me on one case - 14 October
Northern Cape Judge President Frans Kgomo apologised for his conduct in a murder case that was later declared a mistrial by the Supreme Court of Appeals. This happened during an interview by the Judicial Service Commission in Cape Town for a post on the benches of either the Constitutional Court or the Supreme Court of Appeal. - The Times website

Hlophe controversy : another judge withdraws - 14 October
Another judge involved in the Cape Judge President John Hlophe controversy has withdrawn his bid for a position with the constitutional court. Judge Frank Kroon, who was to be interviewed for the position on Monday, withdrew ahead of his appearance. - IOL website

Judge Cameron speaks . . . - 14 October
Judge Edwin Cameron, a candidate for the Constitutional Court, says he could not "shut up" about then-president Thabo Mbeki's HIV/Aids policies and it was "morally imperative" that he speak out. While acknowledging that he might have "overstepped the line" with his outspoken public criticism of Mbeki and then-health minister Manto Tshabalala-Msimang's poor leadership on HIV/Aids, Cameron said that his own 22-year battle with the syndrome had left him feeling "that I could not keep quiet". - IOL website

'Don't call me a sober judge' - 13 October
Cape High Court judge Shanaaz Meer on Monday criticised those labelling judges for judments they have made in cases. During her interview before the Judicial Service Commission (JSC) for a vacancy on the Constitutional Court bench, she said it was perfectly acceptable to make comments referring to a judgment. However, it was unacceptable that politicians, and people belonging to political parties, started labelling judges on the basis of the judgments they had made, depending on how those judgments had been received by a particular political grouping. - IOL website

Judge Jafta pulls Concourt application - 13 October
The Judicial Service Commission (JSC) will have one less hot potato on its plate after Judge Chris Jafta, one of the judges involved in the Cape Judge President John Hlophe controversy, withdrew his application for a position with the Constitutional Court. Starting on Monday, the commission will interview five shortlisted candidates to fill the vacancy to be left by Judge Tholakele Madala, who is set to retire later this year. - IOL website

Motlanthe's hot potatoes - 28 September
One of the first hot potatoes Prseident Kgalema Motlanthe will have to handle is the choice of the 18th judge of the Constitutional Court. Next month, Motlanthe will have to select a judge from a list of candidates to replace Justice Tholakele Madala, who is retiring. Looking over his shoulder will be the leaders of the ANC, some of whom have branded the judiciary "counter-revolutionary". - Mail & Guardian website

Constitutional Court post readvertised - 27 August
Monday's announcement by the Judicial Service Commission (JSC) that it would readvertise an impending Constitutional Court vacancy might be attributed to "fairness", a senior lawyer said yesterday. - Business Day website

'Weak' short list in search for top judge - 25 August
Additional candidates were approached on Friday to stand for appointment as judges of the Constitutional Court to replace Constitutional Court Judge Tholakele Madala who is due to retire next year. - Business Day website

Hlophe Hearings

JSC delays hearing case against Hlophe - 17 October
The Judicial Service Commission (JSC) has put on hold its hearing into allegations of improper conduct by Cape Judge President John Hlophe. This is to allow a related but separate court matter involving Hlophe to run its course. - Business Day website

JSC to decide on Hlophe this week - 15 October
The Judicial Service Commission will discuss this week how it should deal with allegations by the Constitutional Court earlier this year that Cape Judge President John Hlophe improperly interfered in the judicial process, and with a counter-complaint by Hlophe against the top court’s judges. - The Times website

UCT deputy faces gun over Hlophe - 15 October
University of Cape Town (UCT) deputy registrar and legal adviser Paul Ngobeni, who has consistently gone in to bat for embattled cape Judge President John Hlophe and ANC president Jacob Zuma, is facing university disciplinary action. The US-trained lawyer told the Mail & Guardian last week that he faces a disciplinary inquiry by UCT management and legal academics because of his support for Hlophe. This is not the first time Ngobeni has been on the carpet. He first entered the controversy surrounding Hlophe at the height of the Oasis saga when a complaint was laid with the Judicial Service Commission (JSC). - Mail & Guardian website

JSC sets dates for Hlophe hearings - 30 September
ALL decisions by the Judicial Service Commission (JSC) on how to proceed on the complaint by the judges of the Constitutional Court against Western Cape Judge President John Hlophe, and Hlophe's own counter-complaint against them, will be taken when the commission meets in Cape Town next month, JSC spokesman Marumo Moerane said yesterday. - Business Day website

Supreme Court of Appeals to rule in Hlophe saga - 26 September
The Supreme Court of Appeals in Bloemfontein will have the last say in the bid by Cape Judge President John Hlophe to prevent a hearing into his alleged misconduct over ANC President Jacob Zuma's case in the Constitutional Court. A full bench of five judges of the Johannesburg High Court ruled that the Judicial Service Commission's inquiry can go ahead. - SABC News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 News articles relating to the Judiciary
Commonwealth Magistrates and Judges Association. Conference. 5-9 October 2008 (Cape Town)

Reaping a whirlwind - 8 October
In his address to the Commonwealth conference for magistrates and judges in Cape Town earlier this week, Chief Justice Pius Langa said the constitutional guarantees of an independent judiciary were "still alive and well in SA", pointing out that a subservient and intimidated judiciary could not be relied upon to deliver justice for anybody. A veiled warning, in other words, that those who deliberately undermine the authority of the judiciary to achieve short-term political goals must not complain in future when the institution is too weak to defend their own rights. - Business Day website

Judges 'should not need extra remuneration' - 7 October
Chief Justice Pius Langa yesterday said the conditions of service of judicial officers should be such that they do not have to look elsewhere for remuneration or other benefits. - Business Day website

Vigilance essential to independent judiciary -7 October
A subservient and intimidated judiciary forced to do the bidding of those in political power simply becomes an extension of the executive and cannot be trusted to deliver justice, South Africa's Chief Justice warns. - Cape Argus website

Chief Justice addresses Commonwealth judges, magistrates - 6 October
South Africa has a strong Constitution which is loved and supported by its people, Chief Justice Pius Langa has told a gathering of 200 Judges and Magistrates from Commonwealth countries. Speaking at the Commonwealth Magistrates and Judges Association Conference in Cape Town, Chief Justice Langa said : "We have been blessed with a great Constitution, strong constitutional structures and institutions and exemplary leadership. This is important in South Africa no less because we come from a history that caused deep cleavages in our society, divisions which meant that pain, suffering and conflict were the order of the day". - BuaNews Online website

Langa speaks out against denigration of judiciary - 6 October
Chief Justice Pius Langa says judges or magistrates who cast doubt about their independence and impartiality, does not do democracy any favours. - SABC News website

New Minister on Judiciary - 7 October
Newly-appointed Justice and Constitutional Development Minister Enver Surty warned on Monday against eroding the integrity of the judiciary. Addressing the Commonwealth Magistrates and Judges Association's Conference, he said the event was being held against the backdrop of "interesting developments in our political landscape". - iAfrica website


General

Mantashe slated for attack on Concourt - 16 October
Treatment Action Campaign head Zackie Achmat has labelled ANC secretary-general Gwede Mantashe's slamming of Constitutional Court judges as "counter-revolutionary" and implied that Mantashe's accusations detracted from the fight for justice and constitutional rights. Achmat, together with advocate Vusi Pikoli and UCT professor and forensic scientist Professor Lorna Martin, addressed a safety and security seminar in Salt River last night. - allAfrica website

The judicial pillar of our democracy is crumbling - 16 October
I have observed with great interest the developments in the judicial milieu over recent months.  J Lubbe SC, Bloemfontein, former chair of the Free State Society of Advocates and former acting judge of the High Court. What has happened and is about to happen must be commented on and hopefully result in a robust, open and informed debate. - The Times website

Ex-judge queries appointment of unqualified jurists - 17 October
Some judges – even on the Constitutional Court – do not have the experience necessary for the job, according to former acting high court judge Jan Lubbe, ex-chairperson of the Free State Society of Advocates. In a letter published in The Times yesterday, Jan Lubbe called on the Judicial Service Commission (JSC) to ensure transformation was balanced with knowledge and experience. - Dispatch Online website

The troubled state of South Africa's judiciary - 15 October
Judge Carol Lewis on what needs to be done to counter threats from without and within. When asked to give this talk, some months ago, I thought that I was supposed to speak only about the independence of the judiciary - a concept easy to discuss and in principle uncontroversial. When the invitation was confirmed, a few weeks ago, I realized that I had agreed, instead, to speak on the state of the judiciary. - politicsweb website
Carole Lewis is a Judge of the Supreme Court of Appeal. This is the text of her address to a South African Institute of Race Relations briefing, Johannesburg, October 14 2008

Top Judge says BEE, shortage of skills taking toll on Judiciary - 15 October
LACK of skills and experience is taking its toll on the judiciary, leading not only to poor commercial judgments but "horrifying" convictions and acquittals in criminal cases, according to Supreme Court of Appeal Judge Carole Lewis. - allAfrica website

'The building captures the best of South Africa' - 14 October
Sello S Alcock asks Kate O'Regan about her tenure at the Constitutional Court. - Mail & Guardian website


International

Does judging still have appeal? - 9 October
It has been a good week for the cause of diversity among Britain's judges. Just months ago one of only three of 36 Court of Appeal judges lamented the lack of women in senior judicial posts. In the past three years, Lady Justice Arden said, only one woman had been chosen for the High Court bench compared with 29 men. - Times Online website

 

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