HSF application didn't mention unsuccessful blacks - Nadel

A Weekend Argus report says this was submitted by the National Association of Democratic Lawyers (Nadel) in papers filed at the Western Cape High Court in response to an application by the HSF over the interpretation of the sections of the Constitution relating to the appointment of judges. Nadel has applied to intervene as amicus curiae. The report notes that in the application, lodged in June, the HSF asked the court to declare the JSC's decision to recommend five candidates interviewed last year over three others - including controversial senior Cape Town advocate Jeremy Gauntlett - unlawful, irrational and invalid. Alternatively, it wants the JSC process deemed unlawful, irrational and invalid, saying the sections of the Constitution on judicial appointments should be correctly interpreted. It particularly referred to the JSC's reasons for not recommending Gauntlett to the Bench, saying it appeared merely to have considered the candidates' race and gender and the racial and gender composition of the Western Cape Bench, and that there had been no mention of his knowledge of the law or abilities. Nadel president Max Boqwana said in an affidavit the association opposed 'in material respects', the interpretation the HSF put forward in its application, saying the HSF failed to reconcile its interpretation with the transformative goals of the Constitution. 'No reference is made to unsuccessful black applicants or measures to overcome the historical disadvantage experienced by such applicants, which is clearly a barrier to successfully applying for a judicial appointment and must be relevant to a debate about the criteria for judicial selection.' Full Weekend Argus report (subscription needed)