'Damaged goods' Hlophe rejected

Hlophe was 'never even considered' for recommendation, according to a Cape Times report. 'It was not hard,' Chief Justice Pius Langa is quoted as saying on the process of selecting a short-list of seven judges for the four posts on the court. 'I'm happy. There wasn't really a fight.' The report says it is understood that not a single member of the JSC - whose disciplinary committee opted not to pursue a gross-misconduct complaint against Hlophe over his alleged efforts to lobby two Constitutional Court judges for pro-Jacob Zuma rulings - suggested that the Judge President was fit for the job. The Cape Times says it was told that it was Justice Minister Jeff Radebe's desire to recommend Judge Kathy Satchwell for a position that caused more debate in the commission's deliberations. Radebe, who yesterday expressed his support for Satchwell after she was attacked over her homosexuality, was not successful in his efforts. A report on the News24 says those on the short-list are: Judges Johan Froneman, Raymond Zondo, Mogoeng wa Mogoeng, Mandisa Maya, Sisi Khampepe, Leona Theron and Chris Jafta. Besides Satchwell, others who were thought to be strong candidates but didn't make the list include lawyers Geoff Budlender and Jeremy Gauntlett and Judges Dennis Davis, Willie Seriti and Dunston Mlambo. Full Cape Times report (subscription needed) Full report on the News24 site

Hlophe's omission is a major disappointment for the Justice for Hlophe Alliance. Spokesperson Percy Gumbi said they were 'disappointed and sad'. He is quoted in a Beeld report as saying the interviews were fair, but some questions posed to Hlophe made the JSC appear 'like a kangaroo court'. His lawyer, Barnabas Xulu, said the short-list shows that the 'the old grouping (in the JSC) still have the power and influence'. He would not elaborate on what constitutes the 'old grouping', save to say that it was people who 'had a campaign against Hlophe' and opposed transformation. Full Beeld report

Constitutional law expert Pierre de Vos is not surprised by Hlophe's omission, saying he is 'damaged goods'. 'The JSC has found in two instances that he acted in an unacceptable manner. In a certain sense he is disgraced,' De Vos is quoted as saying in a report in Die Burger. He is, however, surprised at some of the judges who made the list. He noted North West Judge President Mogoeng wa Mogoeng was relatively unknown and did not have a lot of experience in constitutional law. And the choice of Judge President Raymond Zondo, of the Labour Appeal Court, also surprised De Vos, who noted there had been several problems with judgments at this court. Full report in Die Burger See also a report in The Citizen

During the final day of interviews yesterday, Satchwell dealt swiftly with a complaint that her sexuality made her an unsuitable candidate. According to a Mail & Guardian Online report, in response to a complaint by the Society for the Protection of the Constitution, Satchwell said, 'my private life is my private life'. The society's Zehir Omar, a lawyer, had complained that 'God-fearing' people would not accept a lesbian as a judge. The society's concern was put to her by Justice Minister Jeff Radebe, who, in the tradition of 'declaration', had told the commissioners that he had known her for many years and that she had represented him when he was on a hunger strike while a political prisoner on Robben Island. Full Mail & Guardian Online report

Johannesburg Judge Nigel Willis called the Constitutional Court's decision on the Irene Grootboom case 'a disaster' because it was not implementable. 'In the end, the Grootboom case was a disaster,' said Willis, when asked to comment on the court's work. According to a report on the IoL site, he said the court had acted with the best intentions, but had made 'one or two errors of judgment'. Judges should understand that socio-economic issues are more complicated than issuing orders, expecting people to comply with them, and getting angry when they are not complied with. This was one of the reasons he wanted to work at the Constitutional Court, said Willis, whose qualifications include a degree in banking science, one in law, and recent studies in theology. Full report on the IoL site

Pretoria High Court Judge Ntsikelelo Poswa withdrew his candidacy because of his age, says a report in The Star. The report says Poswa blamed his pending 70th birthday for his decision to withdraw his application, as Constitutional Court judges are compelled to retire at 70. 'We take your point - I don't think there is any point to proceeding with this,' Chief Justice Pius Langa responded. JSC IFP member Koos van der Merwe did not let Poswa's withdrawal stop him from asking about six criminal appeals that he claimed the judge had not yet finalised after 14 months. Although Langa admonished Van der Merwe for the question and said Poswa did not have to answer, Poswa - who once raised eyebrows when disputing the accuracy of a paternity test said to be 99.9% accurate - angrily responded that he was 'not aware' of these outstanding appeals. Full report in The Star