The Council for the Advancement of the South African Constitution (CASAC) says the Judicial Service Commission’s decision to expunge a letter from a legal expert shows the weakness of the person who presided over the interviewing process for the position of the country’s Chief Justice.
The JSC is facing possible litigation for the manner in which it conducted the interviews.
A concerned Rhodes University Professor, Hellen Cruz, wrote to the JSC. The letter which was read publicly by Deputy President of the Supreme Court of Appeal, Xola Petse, around the end of the interviewing process will now be expunged from the record of the proceedings.
“I’m particularly concerned with the sexist nature of the questions posed to President Maya and the unsubstantiated sexual harassment question posed to Judge President Dunstan Mlambo. Whilst I believe that the sexual harassment questions were struck from the records, I believe that the damage has already been done. Given these questions which I believe to be unfair, I would ask that the chair consider starting the proceedings ‘de novo’ which is afresh, with an admonition that commissioners treat the candidates fairly and or implicated commissioners are to step down. I believe that should the current proceedings be allowed to continue the commission’s work could be set aside by a court of law by on application by concerned parties.”
But CASAC Executive Secretary, Lawson Naidoo says the issue of the letter was extremely poorly handled.
“Well, the letter should never have been read out in the first place. You know this is a process of the Judicial Service Commission. Anyone of us can write letters and we don’t expect them to be read out at the sitting of the JSC. And I really do think that it, unfortunately, highlights the weakness of Judge Petse in terms of him presiding over these interviews this week.”
Below is the full transcript of Professor, Hellen Cruz letter to the JSC:
“It’s from Professor Hellen Cruz from Rhodes University who says she writes in her capacity as a member of the legal profession. She has been watching the proceedings since Monday with keen interest and with concern. Much has been reported in the media, particularly concerned with the sexist nature of the questions posed to President Maya and the unsubstantiated sexual harassment question posed to Judge President (Dunstan) Mlambo. Whilst I believe the sexual harassment questions were struck from the record, I believe that the damage has already been done. Given these questions which I believe to be unfair, I would ask that the chair consider starting the proceedings ‘de novo’- which is afresh-, with an admonition that commissioners treat the candidates fairly and/or implicated commissioners are to step down. I believe that should the current proceedings be allowed to continue, – the commission’s work could be set aside by a court of law on application by concerned parties”
JSC Interview | Acting Chief Justice Raymond Zondo Part 1:
JSC Interview | Acting Chief Justice Raymond Zondo Part 2:
-Additional reporting by Mercedes Besent
