The Magistrates Commission and the Minister of Justice have submitted in the Supreme Court of Appeal (SCA) in Bloemfontein that there was no violation of the constitution during the 2019 shortlisting for magistrate vacancies in the Free State.
The commission and the Justice Minister are challenging the 2019 High Court order which set aside the shortlisting processes of the Magistrates Commission.
The order also set aside the appointments of magistrates which were made by the Justice Minister.
Legal representative for the Magistrates Commission and the Justice Minister, John Groenewald, has argued before the SCA that the process was not flawed.
Groenewald added that there was no unfairness in the shortlisting process adopted by the committee and that there was no blanket ban imposed on individuals from specific race groups.
The appeal was brought by an acting magistrate in Bloemfontein and head of the office of the Petrusburg Magistrate’s Court, Richard Lawrence, who argued that his application was overlooked by the Magistrates Commission.
Lawrence has argued that there was no reason for his application not to be considered by the Magistrates Commission.
His legal representative Max du Plessis says the reason to overlook Lawrence was unfair and that the race card was used to disqualify him. Judgment has been reserved.
