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Casac information courtroom papers difficult JSC interviews for ConCourt judges

Casac govt secretary Lawson Naidoo stated some questions had been irrelevant and aimed toward ambushing the candidates.

The Council for the Development of the South African Structure (Casac) has filed an software within the Johannesburg excessive courtroom difficult the constitutionality of the latest Judicial Service Fee (JSC) interviews for candidates to fill vacant posts for judges within the Constitutional Courtroom (ConCourt).

The organisation argues in courtroom papers the way of questioning of a few of the candidates went past the bounds of what’s permissible to find out the health and propriety of the candidates.

It desires an order from the excessive courtroom declaring the choice to shortlist 5 candidates for President Cyril Ramaphosa’s consideration to be invalid and put aside in addition to an order declaring the JSC’s conduct within the interviews illegal.

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Final month, Casac complained to Parliament’s Registers of Members’ Pursuits about EFF chief Julius Malema’s assaults on the judiciary throughout the JSC interviews in April.

Malema is a commissioner of the JSC which interviews candidates to function judges and advises the federal government on any issues referring to the judiciary. Casac criticised the remedy of judges Dhaya Pillay and Piet Koen on the interviews and referred to as on Parliament to search out Malema responsible of breaching MPs’ ethics code.

Casac govt secretary Lawson Naidoo stated a few of the questions had been irrelevant and aimed toward ambushing the candidates, leading to them struggling extreme prejudice.

“The interviews are usually not a platform for occasion politics; they aren’t there for the JSC to research and consider complaints in opposition to judges and they aren’t there to present commissioners an opportunity to quibble with judgments they misplaced as litigants. Nor do they exist to allow particular person commissioners to ventilate grudges in opposition to judges,” Naidoo stated.

“Occasion political concerns and political agendas ought to play no function within the JSC’s selections and processes. The JSC’s obligation to protect its independence and, via it, the judiciary’s independence rests on every particular person commissioner in addition to the JSC chairperson who has the final word duty to manage the conduct of conferences, interviews and deliberations.”

Throughout her interview for a submit within the Constitutional Courtroom, Pillay was grilled by Malema on whether or not she was pals with Public Enterprises Minister Pravin Gordhan and ANC nationwide govt committee member Derek Hanekom.

Pillay stated she had an in depth relationship with Gordhan and had identified him for a few years, however she was not pals with Hanekom.

In his interview for a place on the Supreme Courtroom of Enchantment, Chief Justice Mogoeng Mogoeng, the chairperson of the JSC. recalled how decide Koen was “impolite and discourteous” to him in 2016 at a gathering to debate cost-cutting measures within the judiciary.

Mogoeng stated it was one in every of his “worst experiences” and questioned how the decide handled advocates who appeared earlier than him.

Casac will likely be represented by Webber Wentzel Attorneys in its case and its authorized council will likely be led by advocates Wim Trengove and Tembeka Ngcukaitobi.

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