The retired constitutional court justice was ordered by the Judicial Conduct Committee to withdraw comments that questioned Hlophe’s fitness to be a judge and faulted his acquittal on ANC MP Bongani Bongo
The Judicial Services Commission has finally recommended that the Western Cape judge president be suspended, but he is preparing appeal to overturn a decision that he should face impeachment
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Maya will be South Africa’s first female judge to hold the position and will now be in line, if tradition is followed, to succeed chief justice Raymond Zondo in 2024
South African judges are expected to adjudicate complex and serious issues, but how can they do so without libraries, telephones, laptops and an internet connection?
The chief justice said the delay of almost a week was caused by fact-checking the fifth and final chapter of his report
The suspended public protector urged the Judicial Service Commission to investigate the incident further, saying the judges she named must be removed from the bench
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The SCA president said she was shocked by a leak from the apex court, days after an investigation ordered by Chief Justice Raymond Zondo found that there could not have been one
The well-respected Western Cape high court judge was named after the April interviews where the JSC overlooked David Unterhalter a third time
The chief justice was acting in a non-judicial capacity when chairing the state capture inquiry, so the complaint probably falls outside the law but underscores the risk of naming sitting judges to investigate political scandals
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The supreme court of appeal president, who was the Judicial Service Commission’s recommendation for chief justice, would be the first woman to hold the post
In arguing that the retired judge fell foul of the judicial code of conduct when he criticised her misreading of the executive ethics code, Mkhwebane risks misreading the rules again
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The fraught interview carried an echo of the controversy over former chief justice Mogoeng Mogoeng’s religious pronoucements after members of the JSC cited extracts from Madondo’s writings on the biblical view on homosexuality
The decision to recommend her appointment is unusual as she had never applied to take silk, a choice that perplexed Chief Justice Raymond Zondo and commissioners
His third unsuccessful candidacy raises the spectre of a legal review and case law dictates that the JSC can be compelled to give reasons for failing to appoint a qualified candidate
The esteemed jurist had to apologise for failing to recuse himself on an application for leave to appeal to the constitutional court, sinking his hopes of a permanent position at the court
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In interviews with candidates for the constitutional court, issues of race, gender and transformation featured but did not crowd out questions on points of law
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The organisation notes complaints against Mpofu following the interviews with candidates for chief justice and set out guidelines of fairness, but said he was not treated fairly within its own ranks
President Cyril Ramaphosa has rejected a recommendation from the JSC that he appoint Supreme Court of Appeal president Mandisa Maya as head of the judiciary
The Judicial Service Commission (JSC) has dismissed a demand by nine legal organisations that it should postpone all further interviews with aspiring judges until it has elaborated on its criteria for appointment to the bench. “You are advised that the JSC has not passed any resolution to give you the undertaking you asked it to […]
Although the debate about whether the country is ready for a woman chief justice is absurd and misogynistic, the answer is a resounding yes — and it is long overdue
The directive from parliament has been put on hold, pending the EFF leader’s legal challenge to the decision as unlawful
The president said he had expected the commission to limit itself to commenting on the suitability of all four shortlisted candidates, but that the decision remained his prerogative
The embattled Western Cape judge president lacks a sound argument in law and in his review bid is seeking to disqualify his peers from holding him to account, the high court heard
The JSC exceeded its mandate to place the president in a corner in which exercising his wide powers to select the next chief justice have become fettered by popular concerns
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The recommendation is not binding on President Cyril Ramaphosa but the legal community says it would be difficult to ignore, given its historic import and ruling party backing
The chairperson of the state capture commission and acting chief justice said he had no bias in favour of the president or any against his predecessor, but proceeded on the basis of evidence, without thought as to whether it could deny him the post of chief justice
The acting chief justice suggested, in his interview with the Judicial Service Commission for the post of chief justice, that the next round of interviews in April with candidates would be an opportunity to do so
The Gauteng judge president’s words turned prophetic as he came under sustained political attack in his interview for the post of chief justice
The head of the supreme court of appeal said if appointed she would import some appellate court customs to the constitutional court to speed up turnaround times
The acting chief justice acknowledged calls for reform after the recent forced rerun of interviews for aspirant apex court judges
After the February interviews and deliberations, the Judicial Service Commission will submit a report to President Cyril Ramaphosa
The court found that the organisation’s past history in ensuring the misconduct inquiry against the Western Cape judge president was reopened refuted, rather than supported, Hlophe’s objections