Willis slams 'obnoxious' smear campaign

In an article in City Press in which he outlines his considerable judicial credentials, he writes that 'gratuitously ungracious, unsubstantiated allegations about my deficiency of skills, lack of independence, and being unprogressive cannot go unchallenged'. Although criticism of the JSC's choice of Willis ahead of Plasket has been published on several media platforms - the essence of which is that it is not the way the JSC handles transformation that is the issue, but rather the fact that it seeks to appoint pliant judges - he appears particularly irked by an article that appeared in City Press of 21 April, ostensibly written by an advocate. Willis says 'it is unacceptable that an advocate writing with such confident conviction dissembles behind anonymity'. And he asks: 'What is the agenda? There are a series of misleading and unfair statements about my fitness to assume appointment at the SCA' - and he addresses each in detail in the article online.

Regarding suggestions that he might be more pliant than Plasket, he says his track record of more than 250 reported judgments in the South Gauteng High Court, 'and with my having the fewest reserved judgments, shows that there is not one that is executive-minded'. He points out that several show the contrary, examples of which are the cases of Sasol v Metcalfe and Minister of Safety and Security v Seymour. He lists his academic achievements, and questions remarks about his lack of progressiveness, noting his judgments show that 'black and women advocates have an excellent record of winning cases before me'. He adds that he came out publicly in favour of gay rights as early as the 70s; delivered the first (widely acclaimed) judgment in SA to hold that the courts should not be overly concerned about the sexual orientation of parents when making custody awards; and delivered the leading judgment on fathers being awarded custody 'because of my belief in the role that fathers play in socialising children'.

One of his critics' (including the anonymous advocate's) main arguments - that the JSC 'grilled' Plasket on transformation for more than an hour while Willis was treated lightly - is also scotched, notes Legalbrief. He makes the point that he was also confronted in interviews by the JSC in 2008 and 2009, when he stood unsuccessfully for a seat on the Constitutional Court Bench. 'Similar questions were put to me when I stood successfully for the High Court in 1998 (long before Plasket was appointed to the Bench), and in 1999, when I was appointed to the Labour Appeal Court (a position which Plasket has not held).' He adds: 'My views on transformation are well known to the JSC, and several of those on the commission who had not encountered me before this month had taken the trouble to read the transcripts of my previous interviews.' Full Willis article in City Press Article by the advocate in City Press