Research and advocacy officer for Judges Matter, Mbekezeli Benjamin, says although the process of appointing the next Chief Justices is transparent, the delay is extremely worrying.
Pressure is mounting on President Cyril Ramaphosa to appoint the country’s Chief Justice.
He has already shortlisted four candidates for the position and submitted their names to the Judicial Service Commission (JSC) and leaders of political parties in Parliament for consideration.
The Constitution requires the President to consult the JSC on the appointment of the chief justice. The JSC will only interview the candidates in February.
Benjamin says, “We are concerned that the President started the process quite late and waited until about a month for the chief justice to retire. And now we hear that the Judicial Service Commission will only interview people in February. That is a worrying delay because it will be close to a year before a permanent Chief Justice was in place. So, that for us is a concern. But overall we are very happy about the process being more open, transparent and competitive.”
Candidates
Meanwhile, Ramaphosa has not yet appointed dozens of candidates that the JSC recommended in October to fill nearly 30 vacancies in the high court and other superior courts including the Constitutional Court.
This is despite the fact the Constitution orders the President to make the appointments after receiving the advice of the JSC.
The Constitution only gives the President discretion when it comes to filling vacancies in the Constitutional Court and in the leadership of the Supreme Court of Appeal.
Currently, there are five vacancies in the Constitutional Court.
The Justice Department says the Presidency has assured it that the appointment of the judges and justices will be made this week and will be effective from the first of next month.
Acting Chief Justice Raymond Zondo says, “I am not sure what is causing the delay but I hope that the President will make the appointments without any further delay.”
VIDEO: Acting Chief Justice Raymond Zondo presents the Annual Judiciary Report:
Additional reporting by Vuyani Green.
