CASAC accuses JSC of misusing its constitutional power in recommending next Chief Justice

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The Council for the Advancement of the South African Constitution (CASAC) says the Judicial Service Commission has usurped the constitutional power of the President of appointing a Chief Justice.

CASAC Executive Secretary Lawson Naidoo says the role of the JSC was to advice the president on the all four candidates and not to choose for him.

The JSC has recommended the President of the Supreme Court of Appeal Mandisa Maya to be appointed as the next Chief Justice. Naidoo says the JSC has once again failed to conduct a proper process in interviewing candidates.

He claims that the process was deliberately marred by politicisation, the demeaning and ambushing of candidates. Naidoo says Maya has impeccable credentials which have been clouded by what he calls the tainted JSC process.

“ The  Judicial Service Commission has once again failed in  conducting a proper process of interviewing candidates for judicial office, this time  for the important office of  Chief Justice,  to compound its deliberate politicisation of the  process, the demeaning and ambushing of candidates. It misunderstood its role in this  important process. It has sought to usurp the power  given to the President given in terms of the constitution to appoint  a Chief Justice. The constitution requires that the President consults with the Judicial Service Commission and leaders of political parties in the National Assembly. Their role is to provide counsel and offer a view on all of the candidates the President proposes. It is not to make the selection for him. It is  highly unfortunate that the tainted JSC process will now  inevitably cast a cloud over the nomination of judge Mandisa Maya, the President of the Supreme Court of Appeal – a  candidate with impeccable credentials. The JSC has done her a grave disservice. Whoever the President  appoints as Chief Justice will have among the many priorities, a fundamental review of how the JSC functions to enhance the independence and integrity of the Judiciary as a whole.”

Judicial Service Commission recommends Supreme Court Justice Mandisa Maya as the next Chief Justice

The Judicial Service Commission (JSC) has recommended Supreme Court Justice Mandisa Maya as the next Chief Justice. This was just announced in a short statement by Commissioner Dali Mpofu, during a media briefing, which happened 5 hours later than the initially stated time(1pm).

The deliberation started at 9am on Saturday morning, following marathon interviews with the four judges tipped for the position.

During her interview by the Judicial Services Commission (JSC) for the position of the country’s top judge, Justice Maya called for government to give women and black lawyers the experience required to become top judges.

She reflected on the under-representation of women at all levels of the judiciary and says the quality of future judges is dependent on giving them exposure currently.

“We must not stop doing the things we have been doing. In the meantime, agitating for women to get quality work in the professions by the state attorney, that can never be overstated. Government must give black lawyers and women lawyers quality work so that we have a pool when we look for judges and we have people who are ready, who have been exposed to niche areas  like commercial law – when they go to the bench and we do not get these comments these painful comments that the quality of judgments is being eroded,” she adds.

JSC Interview | Justice Mandisa Maya:

Sexual harassment

Maya also pointed out that the Judiciary did not have an anti-sexual harassment policy as if they were not part of society.

She told the JSC that some of the few reported cases of sexual harassment were not receiving the necessary attention.

“The Judiciary has no anti-sexual harassment policy as if we live … we come from this bubble somewhere, (and) we are not part of society. (As if) we don’t experience the problems that are experienced you know by society generally.”

“No anti-sexual harassment policy and the reported consequences in this gap are the few sexual harassment incidents, with the few courageous victims – because its not easy to report that kind of thing for various reasons – those few cases that have been reported to the powers that be, have not received the attention they deserve because they are treated, if treated at all, as acts of misconduct in inquiries that take forever to finalise.”

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