Mystery complaint halts judge's appointment

President Jacob Zuma’s office has snubbed recommendations in the appointment of a Deputy Judge President to oversee the operations of the Bhisho High Court, according to a Daily Dispatch report. Bhisho Judge Dawid van Zyl has been left in the dark after his name was left off the list of appointments announced by the Presidency before Christmas. JSC spokesperson Advocate Dumisa Ntsebeza SC confirmed yesterday that the President had received a complaint about Van Zyl which was referred to Chief Justice Mogoeng Mogoeng. But, while he did not know the details of the complaint, Ntsebeza was concerned it had not been submitted to the JSC ahead of the interviews for judicial vacancies last October. Following the interviews, the JSC recommended Van Zyl, one of the longest-serving judges of the Eastern Cape division, as Deputy Judge President (DJP) of the Bhisho court. Former chair of the Black Lawyers’ Association, Elias Makhanya, who supported Van Zyl’s nomination and raised concerns when the President did not sign off on his appointment, said the complaint against Van Zyl was made by a Mthatha law firm. Ntsebeza said JSC interviews were conducted in an open session and anyone was entitled to submit comments on the suitability of a candidate. ‘If the complaint had been with us (in October) we would have dealt with it.’ That, notes the report, would have allowed Van Zyl to respond, but there was no indication this week that Van Zyl was given an opportunity to comment before Zuma decided against appointing him.