The Judicial Service Commission (JSC) on Monday afternoon opened the nominations process for the appointment of four Constitutional Court judges set to leave the court in October.
Chief Justice Pius Langa and judges Kate O’Regan, Yvonne Mokgoro and Albie Sachs are set to adjudicate their last cases at South Africa’s highest court on October 11.
”Nominations must be accompanied by the nominee’s written consent and the standard questionnaire completed and signed by the nominee,” said a statement by Chief Justice Langa.
It is up to South Africans nominating their preferred candidates, added Langa, to submit motivation letters pointing out these candidates’ qualifications and ”general fitness for appointment”.
Langa further reminded prospective candidates and South Africans at large that the interviews, which will take place in Johannesburg on September 5, would be held in public.
”Nominations must be addressed to and reach the secretary of the commission [Vuyelwa Masangwana] not later than Wednesday July 15 2009,” Langa said.
The question of who is likely to replace the four founding Nelson Mandela-era judges has assumed an increasing importance in recent times in light of increasing attacks on the judiciary and fears within some quarters of possible manipulation of the process to install ANC party loyalists to the Constitutional Court.
The filling of the vacancies has also assumed importance as the drive to replace the country’s chief justice gains momentum. Embattled Western Cape Judge President John Hlophe, who has been involved in a long feud with 13 judges of the Constitutional Court after they alleged he attempted to improperly influence two of their own, is set to be in the running.
Hlophe’s JSC hearing in this regard is set to start afresh after the body declined to appeal a South Gauteng High Court judgment in his favour. It is not clear how this hearing will affect his nomination for a place on the Constitutional Court.
Prospective candidates, according to Langa’s statement, should obtain the necessary ”clearance certificate” from their professional bodies, which should include any pending disciplinary action against any of them.
The clearance certificate has in the past been an important component for the eligibility of candidates, as most professional bodies would be reluctant to give their clearance if a candidate has any disciplinary action pending against them.