Fears that the Constitutional Court is in disarray are unfounded, the Judicial Service Commission (JSC) said on Tuesday.
”That’s definitely incorrect,” JSC spokesperson Marumo Moerane reacted to the claims made in a report in the Times.
The newspaper reported that the highest court in the land is in ”such a shambles” that judges do not want to work there. This follows an announcement by the JSC that it is re-advertising the vacancy that will arise later this year with the retirement of Justice Tholakele Hope ”Tholie” Madala.
”The reason why there has been re-advertising of the post is because [only] a few candidates applied,” Moerane said.
When it comes to vacancies in the Constitutional Court, the JSC has to interview candidates in public and then submit a list to the president, he said. If there is one vacancy, the JSC has to submit a list of one, plus three other candidates. If there are two vacancies, it is required to submit a list of two, plus three other names.
The process is not like that applied in the country’s high courts, where a particular candidate is recommended to fill a particular post, he explained.
”In the case of the Constitutional Court, we have to add three to the number and submit that to the president, out of which he will choose one.
”For that you need a larger number than in the case of the high court. We didn’t receive sufficient numbers.”
The Times report claimed that suitable candidates are reluctant to apply because of perceptions that the Constitutional Court is not run well, that Chief Justice Pius Langa is weak and because of the recent criticism of the judiciary.
It reported that the JSC earlier this month compiled a ”long list” of candidates, including acting Constitutional Court Justice and Judge of Appeal Edwin Cameron.
However, Moerane dismissed the report as incorrect.
”The article, as you are reading it to me, is not correct,” he said.
He knew only of a short list of applications and not a long list. ”It really was not a long list,” he said.
He had been led to understand that a number of names had been submitted late — including that of Cameron.
The Times claimed that this is because Cameron was approached after the August 1 deadline for applications and was ”begged to accept the nomination”.
Moerane said the list had been circulated to members of the JSC. ”What I was informed was that the list was insufficient.”
He understood that the re-advertising process will require all candidates to reapply.
Moerane confirmed that there will be another four vacancies next year with the retirements of justices Langa, Albie Sachs, Kate O’Regan and Yvonne Mokgoro.
This will be a matter for the JSC’s April meeting, as their terms end before October. The JSC usually meets twice a year, in April and again in October.
The posts will be advertised for the April meeting and filled during the April meeting so the successful candidates can start serving when the others retire.
In its statement on Tuesday, the JSC announced shortlists of candidates for a vacancy for deputy president of the Supreme Court of Appeal (SCA), and two other vacancies in the SCA.
It also announced shortlists for five empty posts in the provincial division of Natal, one in that of the Free State, two in the Transvaal, one in Transkei and three in the Labour Court. — Sapa