The Judicial Service Commission is facing possible litigation for the manner in which it has conducted interviews for the position of Chief Justice. A concerned Rhodes University Professor, Hellen Cruz, who is from the legal profession wrote to the JSC.
The letter which was read publicly toward the end of the interviewing process will now be expunged from the record of the proceedings.
The Deputy President of the Supreme Court of Appeal, Xola Petse, shared the letter after the interview of Acting Chief Justice Raymond Zondo.
Petse read the contents of Cruz’s letter.
“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.”
Below is the full transcript of Professor Hellen Cruz’s letter to the JSC read by Petse:
“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, (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 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.”
Chief Justice position | Discussion on the interviews of the four shortlisted candidates:
– Additional reporting by Mercedes Besent
