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Make-up of CJ's panel questioned

Publish date: 20 September 2021
Issue Number: 940
Diary: IBA Legalbrief Africa
Category: South Africa

Freedom Under Law (FUL) says while it notes President Cyril Ramaphosa's decision to invite public participation in selecting the next Chief Justice, it has several concerns relating to the composition of the panel appointed to produce a shortlist of nominees. In a statement issued on Friday, FUL CEO Nicole Fritz said the panel consisted of several ‘outstanding’ persons who had played distinguished roles in SA and abroad. ‘However, the inclusion of political appointees is not to be welcomed. The inclusion of two political appointees from the same political party is especially contrary to any principle,’ she said, according to News24. ‘Further, the failure to include any senior or recently retired judge means direct knowledge of the current workings of the South African judiciary is excluded. Senior legal practitioners are also not represented on the panel, again excluding those with (a) significant understanding of the current problems faced by the judiciary as a whole and with direct knowledge of individual candidates. In short, the committee is insufficiently balanced in its composition and does not draw on the best available knowledge of the current state and needs of the judiciary.' Chief Justice Mogoeng Mogoeng's term ends on 11 October. The panel to sift through nominations and produce a short list of between three and five candidates is to be chaired by Navi Pillay, the former International Court of Justice judge and UN High Commissioner for Human Rights. The panel also includes Minister of Justice Ronald Lamola, former Justice Minister Jeff Radebe, former Public Protector Advocate Thuli Madonsela, SA National Aids Council co-chairperson Mmapaseka Steve Letsike, and Professor Ziyad Motala, of the Howard University School of Law.

– News24

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