JSC hearing reveals unhappiness on Bench

It says Judge Mojalefa Rampai, who acted as Judge President for four terms last year after Thekiso Musi retired, said he felt 'disappointed' and 'insulted' when Musi appointed Erasmus to succeed him earlier this year 'without consulting the team'. Rampai said the appointment of 'someone from outside' had 'irreparably' damaged his relationship with Musi, causing him not to attend the latter's farewell party because he was 'not a hypocrite'. 'He doesn't like me, I don't like him. I didn't want to spoil his party,' said Rampai. A Business Day report notes that while the first two candidates interviewed, Judge Connie Mocumie and Judge Jake Moloi, simply said they did not know why Erasmus was brought into the division, Rampai was more vocal, noting as far as he was aware, never before had an outsider been brought into a division where there were no problems. 'I was disappointed that my friend and JP would take such a monumental decision. I still don't know why. We were not a division in crisis ... and we still don't understand,' he is quoted as saying. Full report in The Times

The JSC could not reach a decision by majority vote for any of the candidates for the post, which will be re-advertised, notes the Business Day report. Chief Justice Mogoeng Mogoeng referred to several occasions when outsiders had been brought in as Judge Presidents, but Rampai said those were occasions where there had been problems. According to the report, Rampai was asked about how he would feel if a younger, less senior woman judge were to be appointed. He said where the 'substantive merits' of the male candidate were better than the 'substantive merits' of the female candidate, the male candidate should be appointed. If, on the other hand, their substantive merits were equal the woman candidate should be selected. 'That is my understanding of transformation,' he said. Full Business Day report (subscription needed)