/ 4 October 1996

Betting’s far from closed

Mail & Guardian Reporter

LAWYERS with a bent for gambling might be unhappy to hear that the waiting will not be over after the Judicial Service Commission (JSC) has publicly interviewed judges Ismail Mahomed and Hennie van Heerden for the post of chief justice.

The questioning of the two judges in Cape Town this week followed the furore surrounding President Nelson Mandela’s backing of Mahomed and the attempt on the part of 100 judges to steamroller the JSC into picking their man – Van Heerden, the most senior member of the Appellate Division.

Fink Haysom, legal adviser to Mandela, said the final decision could take a few weeks after the hearing: “It depends on what the commission recommends. Whatever decision is taken will have to be approved by Cabinet.”

But as one advocate pointed out, the clause in the Constitution stipulating that Mandela can make the decision “after consultation” with the JSC means betting barristers should know where to put their money.