Helen Zille is less than impressed after President Jacob Zuma indicated he had no need to discuss the DA submission on his nomination of Judge Mogoeng Mogoeng as chief justice.
The DA leader and Western Cape Premier said it was a pity Zuma had “reneged on his commitment” to discuss the appointment.
Zuma’s spokesperson Mac Maharaj said on Tuesday that the president had received Zille’s submission on Monday afternoon, and if he needed clarity on it he would approach her.
“He is studying it. He is studying all the responses. At the moment it suffices. If he needs further clarity on it, he will turn to her.”
Maharaj said Zuma would decide whether to appoint Mogoeng “in due course”.
“All the parties have submitted their views. So has the Judicial Service Commission [JSC] and so has Deputy Chief Justice Dikgang Moseneke.”
Maharaj said Moseneke briefed Zuma in Pretoria.
Zille, who had requested the meeting to discuss her submission on Mogoeng’s suitability for chief justice, said the cancellation of the meeting was regrettable. “It is a great pity that the president has reneged on his commitment to discuss his appointment to the highest judicial office in the country. South Africa’s judicial system will be poorer for it,” she said.
“I wanted the opportunity to explain the Democratic Alliance’s concerns in detail, and to make a recommendation to the president that he withdraw his nomination and give serious consideration to other candidates,” said Zille.
“Section 174 of the Constitution enjoins the president to seek the counsel of the Judicial Service Commission and consult with leaders of opposition parties when appointing a new chief justice,” she said.
Zille said this consultation had to be meaningful, premised on a willingness by the president to change his mind after consultation.
“That is why we sought this meeting: so that we could debate the relative merits of his nominee, compared to what we believe to be other more suitable candidates.”
The office of ANC chief whip Mathole Motshekga said it was satisfied that the meeting did not go ahead.
“We felt that such a meeting was unnecessary as the DA has already canvassed its views, both publicly and in its submission to the president,” it said in a statement on Tuesday.
Zuma initiated a process of consultation with parties represented in Parliament and the JSC regarding his nomination for chief justice, it said.
“All parties, including the DA, have received communication from the president in this regard and have responded accordingly.
“We do not believe that there was anything extraordinary in the DA’s stance … that necessitated the president’s special attention outside of the process.”
Earlier on Tuesday, Justice Minister Jeff Radebe told a routine security cluster media briefing that Mogoeng’s two-day grilling by the JSC had been “robust” and said he was in favour of broadcasting such interviews on television and radio.
“My personal view is that live broadcasts are something that we need to promote in South Africa, so that all South Africans can see the candidate that is being interviewed,” Radebe said.
“Especially in this instance where prior to the interview there have been a lot of media reports about the suitability of Justice Mogoeng. I think he has had his day on Saturday and Sunday, and I think the results of that from the JSC indicate what has happened.”
The minister later said this remark should not be read as confirmation on his part of media reports that the members of the JSC had voted 16 to seven in favour of appointing Mogoeng.
He said he was just “an ordinary member of the JSC” and the passing on of the results was being handled by Moseneke. — Sapa
President Jacob Zuma has nominated Constitutional Court judge Mogoeng Mogoeng as the new chief justice. For more news on the controversy surrounding the proposed appointment visit our special report.
