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DA, Cope, ID: Statement by Helen Zille, Mvume Dandala and Patricia de Lille, supporting Moseneke for Chief Justice (18/08/2009)
There is little doubt that President Zuma never intended to properly consult the leaders of opposition parties represented in the National Assembly, as envisioned by the Constitution.

On the 10th of August the leaders of the Democratic Alliance, the Congress of the People, the Inkatha Freedom Party and the Independent Democrats delivered a joint letter to the President outlining our objection to the process followed in his announcement of his preferred candidate for the office of Chief Justice.

The President did not consult the leaders of opposition parties before making the announcement, and when he did retroactively seek our consultation it was clear he did not intend for such consultation to bear any influence on his final decision. The Constitution of South Africa explicitly requires consultation. On this basis, we considered the process illegitimate, and asked the President to withdraw his earlier declaration that he had "appointed" Justice Sandile Ngcobo, and reconstitute the process, this time consulting leaders of opposition parties in a meaningful manner.

We have, as yet, received no response to our joint letter.

As we considered the process illegitimate, we delivered no comment to the Presidency on the merits or demerits of Justice Ngcobo, nor did we nominate any alternate candidate. To do so would have been to participate in a process which we considered to be unsatisfactory and constitutionally invalid.

However, as the leaders of all of the main opposition parties in South Africa, representing many millions of South Africans, it is still our responsibility to lead public debate on this issue, to discuss possible other candidates, to consider their respective merits, and to pronounce on our preference. We would have done so formally to the President had we been properly consulted from the start. But since he failed to do so, precluding us from participating in that process, we will indicate our preferred candidate publicly.

In this light, we believe the President would do well to consider Deputy Chief Justice Dikgang Moseneke as a more suitable candidate for the office of Chief Justice.

Justice Dikgang Moseneke has served as the Deputy Chief Justice of the Republic for the past four years, which means that he has worked closely with Chief Justice Pius Langa, gaining even deeper experience in relation to the Constitution that Moseneke himself was involved in drafting.

Justice Moseneke has been groomed for the position of Chief Justice for four years and has all the experience required for it. He is a judge of impeccable standing, and has a proven track record of fierce commitment to judicial independence.

It is this final point which may well have caused him to fall out of favour with the President. In a comment at his 60th birthday party, which went to the heart of his ethos and the principle of judicial independence, Justice Moseneke said that "It's not what the ANC wants or what the delegates want; it is about what is good for our people". That comment drew outrage and fury from the ANC, who denounced the judge.

His judgments have been sound and have stood up to the test of legal precedent. He has displayed empathy for the depth of public need, and for the constraints of government. He is a wise and humble jurist, whose service as Chief Justice would be of gain to all South Africans.

For these reasons, we support Justice Moseneke for the position of Chief Justice.