JSC rejects plea of tearful judge

It says the JSC rarely grants transfers between divisions of the High Court and, in terms of legislation, can do so only 'on good cause'. In the past it has been particularly touchy about the Eastern Cape courts, perhaps concerned that granting transfers too easily will set a bad precedent as a number of Mthatha judges, the JSC was told, would prefer to be based closer to the urban centres in the province. Judge Nozuko Mjali was originally appointed to Mthatha and had left her three minor children in East London in the care of their father, travelling home on weekends. She sought a transfer to be closer to her children after her husband was arrested, something she said she could never have foreseen. The report notes judge broke down several times when she described how the incident had affected the family. Afterwards, JSC spokespersons Dumisa Ntsebeza SC and CP Fourie said there had been 'extensive deliberations' and the JSC would re-advertise the post. Full Business Day report (subscription needed)

A Mail & Guardian report suggests the rejection of Mjali's emotional plea brought into doubt the JSC's commitment to gender equality. The judge told the court that when her husband was arrested for rape in November last year her children were present. It left them extremely traumatised, she said. The judge said her children had to be in East London for various reasons and she wanted to be transferred to the High Court in Bhisho to be closer to them. The judge cried throughout the proceedings. She said her children had not been coping well since their father's arrest. Her eldest child was about to write his matric examinations and her nine-year-old was severely traumatised. She said her three-year-old has a mental disability and requires special schooling in East London. Chief Justice Mogoeng Mogoeng told Mjali repeatedly that the commission did not want to upset her but that it was necessary to question her reasons for needing the transfer. The M&G notes that a question from the chairperson of the National Council of Provinces, Thandi Modise, provoked a charged response from the candidate. The judge had raised the fact that her nine-year-old did not want to change schools. 'That will not get you any sympathy from us,' Modise said. The judge retorted that the broader issue was that her child was severely traumatised by her father's arrest and that uprooting her from her present school would be extremely disruptive for the child. Full Mail & Guardian report

A cringe-worthy moment during the hearings is raised in a City Press report. It notes that during her interview yesterday, Advocate Chuma Cossie fell into the cringe-worthy category with her assertion that national Parliament has sovereignty in SA's constitutional democracy. When Advocate McCaps Motimele asked her: 'Section Two of the Constitution refers to the supremacy of the Constitution, where do I find the sovereignty of Parliament?' Cossie muttered something about 'semantics' before adding: 'I don't know where exactly to find that ... The sovereignty of Parliament is common cause. It's trite.' Full City Press report