Surprise omissions in appointment of judges

All three vacancies in the SCA were filled - by KZN High Court Judge Leona Theron, Gauteng High Court Judge Willie Seriti and Northern Cape High Court Judge Stevan Majiedt. However, the exclusion of Judges Raymond Zondo and Malcolm Wallis, who were 'in a class of their own', was 'perplexing', the paper quotes an unnamed senior lawyer as saying. The report adds the recommendations are bound to spark a debate over how a new set of criteria for judicial appointments - issued by the JSC last month ahead of the hearings held in Cape Town - are being implemented in practice. The commission listed the main criteria as appropriate qualifications, being 'a fit and proper person', and race and gender representivity. Full Business Day report

Fourteen of the 17 preferred candidates to fill vacant positions on the Bench are black appointments and seven are women, notes a report in The Times. The candidates have been accepted by President Jacob Zuma and Chief Justice Sandile Ngcobo. There is still 'not a big enough pool' of available black and women candidates within the judiciary from which to choose judges, said the commission's spokesperson, Advocate Dumisa Ntsebeza. However, he said 'there are great hopes and expectations from the South African Judicial Education Institute' to fast-track black and female judicial officers. Full report in The Times See also a report on the News24 site

There were few surprises in appointments to High Courts. As expected, notes Business Day, only one candidate, Dr Monde Samela, was appointed to the Western Cape High Court - despite three vacancies there. The other candidates were not successful in their interviews. The post of deputy Judge-President of KZN, which went to Judge Chimanlal Patel, was also expected. The other appointments to the KZN Bench seemed to balance Judge-President, Herbert Msimang's twin concerns; first, to ensure seniority on the Bench after the resignation of most of the division's senior judges; and second, the need to ensure more gender representivity. Rishi Seegobin SC and Nompumelelo Radebe were recommended. However, a senior silk, Johan Ploos van Amstel SC, was not recommended for the KZN Bench, despite being specifically thanked by Msimang during his interview for making himself available. Three of the seven silks who applied for the North and South Gauteng High Courts were recommended: the chairman of the Pretoria Bar Council, Hendrik de Vos SC; Selewe Mothle SC; and the chairman of the Johannesburg Bar, Lotter Wepener SC. But, notes the report, Willem van der Linde SC was not appointed - despite being considered by his peers to be one of the best silks in the country. However, Van der Linde had struggled in his interview, seemingly unable to persuade the commission that when he had been a member of the Afrikaner youth secret society, Ruiterwag, he had not known of its connection to the Broederbond. The only female candidate, Advocate Fayeeza Kathree Setiloane, was also appointed. Full Business Day report

Patel's appointment as deputy Judge-President of KZN means he is the first Indian judge to fill this position, says a report in The Mercury. It says Patel worked as an advocate for 12 years and obtained silk before his appointment as a KZN High Court judge in 1999. He was a member of various organisations, including Advocates for Transformation as well as the National Association of Democratic Lawyers (Nadel). He has served as a judge at the Competition Appeal Court and Labour Appeal Court and as an acting judge at the Supreme Court of Appeal. In a representation to the JSC, Nadel national co-ordinator Fazoe Sydow said Patel's nomination by seven judges showed that he had a lot of support. 'A judge does not easily put pen to paper when it involves an issue of nominating another judge for a position such as the one Judge Patel has applied for. 'This shows that Judge Patel has the support of a substantial number of senior judges of the KZN High Court.' Full report in The Mercury (subscription needed)