Chief Justice nominee Dunstan Mlambo says the Judicial Service Commission (JSC) should warn a candidate before the interview, when there are serious allegations against the nominee.
He was unexpectedly asked to respond to allegations of sexual harassment against him.
Corruption allegations also surfaced during the interview by the JSC.
Commissioner Dali Mpofu asked Mlambo whether he agreed that it was important to clear the sexual harassment rumours as he indicated that he was aware of the rumour.
“The issue is the fairness. If the Commission is aware of things like that, it’s only fair that the candidate is warned beforehand to say these issues are going to be raised with you. And when they are raised, it’s only fair that these issues are documented properly from member of the public on an identifiable whistle blower. It’s a question of fairness Advocate Mpofu,” says Mlambo.
Mpofu asked, “but that fairness only attach to Gender-Based Violence, but not Corruption?” to which Mlambo responded, “It attaches to everything.”
Earlier, Mlambo was also questioned about his conflict of interest allegations brought against by Judge President of the Western Cape High Court Division John Hlophe.
In court papers, Hlophe said the JSC was not lawfully and properly constituted as provided in the constitution, when it made findings against him.
Reactions to Judge President Dustan Mlambo’s interview:
He mentioned Mlambo as one of the four JSC members who were automatically disqualified from participating at the meeting of the 25th August last year.
The meeting endorsed the finding of the Judicial Conduct Tribunal that Hlophe should be impeached. In his court papers, he also stated that there was conflict of interest or reasonable apprehension of bias.
The Hlophe matter is currently before the High Court in Johannesburg.
JSC Commissioner Griffiths Madonsela wanted to know if the Hlophe matter would not place Mlambo in a predicament if the it was challenged up to the Constitutional Court, should Mlambo become the next Chief Justice.
“Is it at all desirable and will it not put much pressure on the colleague of the Constitutional Court hearing a matter in which a Chief Justice, a sitting Chief Justice is a party against whom certain allegations of misconduct … because this is effectively (what) Judge Hlophe is saying against you.”
In response, Mlambo told Madonsela that he cannot sit in the Hlophe matter if it were to be brought to the Constitutional Court, should he become the next Chief Justice.
“The development of the matter is that now the matter has proceeded to the point where Judge President Hlophe has poignantly raised the issue that I should not have sat there. Whichever way the matter goes in the High Court, if it comes to the Constitutional Court, I can never participate in that matter.
I think that is a given, because I’m mentioned as having taken one or other sight. It will be completely improper for me to sit in that matter.”
