Transformation debate shouldn't be avoided - Hoffman
Paul Hoffman SC has written an open letter replying to attorney Mzo Tshaka regarding the former's complaint about the Chief Justice's alleged misconduct, arguing that the findings on the complaint are both procedurally and substantively unsustainable.
In the letter, published on the PoliticsWeb site, he says the complaint is not about transformation of the legal professions and the judiciary; it is about the alleged misconduct of the Chief Justice. 'If the Chief Justice had criticised the Higher Education Transformation Network, instead of the Helen Suzman Foundation and other NGOs that litigate against the JSC, he would have been just as offside as I contend he was for making his speech to those present at the Advocates for Transformation meeting in Cape Town in July.' Hoffman adds that it is important that the debate on transformation should not be avoided, but argues it should not be an overnight or 'top down' process but should be 'bottom up' to be sustainable. 'It takes 20 years to garner 20 years of experience. There are no short-cuts.' He adds: 'Perhaps aspirant judges should be required to sit an examination or at least be tested for their competence to do the work that is expected of them. It is not sustainable in the long run to take chances with weak or mediocre candidates with "potential" when there are more meritorious candidates available. We need to create a pool of meritorious candidates through education, skills development and training of the kind that we do not have at present.' Full letter on the PoliticsWeb site