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DA: Statement by Helen Zille, Democratic Alliance leader, on a letter sent to President Zuma on the nomination of the new Chief Justice (25/08/2011)

25th August 2011

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Yesterday I sent a letter to President Zuma regarding his nomination of Justice Mogoeng Mogoeng for the position of Chief Justice of the Republic. 

The full text of that letter follows below: 

Hon. President JG Zuma
The Office of the President
Union Buildings
Private Bag X1000
Pretoria
0001

Dear President Zuma

Re: Appointment of Chief Justice of the Republic of South Africa

I thank you for your letter dated 16 August 2011, requesting my comment on the suitability of Justice Mogoeng Mogoeng for the position of Chief Justice of the Republic, in accordance with section 174(3) of the Constitution. 

We have deliberately not proffered any public comment on Justice Mogoeng’s suitability. We have said, and we continue to say, that we will only submit comprehensive comment to you once our opinion of Justice Mogoeng is fully formed. 

The Democratic Alliance respects the constitutionally prescribed process for the appointment of a new Chief Justice. We would hope that since the Constitution enjoins you to consult us, that your mind would be open to the possibility of withdrawing your candidate, should that be the considered advice of the Judicial Service Commission (JSC) and the leaders of political parties. 

In this regard, the planned public interview of Justice Mogoeng by the JSC, scheduled for the 3rd of September, will allow the candidate the opportunity to answer any concerns regarding his suitability for the position of Chief Justice. We believe this interview is crucial for us to form a balanced and objective view on Justice Mogoeng’s candidacy. 

Therefore, we must ask that you would kindly permit the submission of our comment to you by close of business on Monday the 5th of September, the first working day after the scheduled public interview on the 3rd.

The Democratic Alliance takes the appointment of a new Chief Justice very seriously, which is why we feel strongly about interviewing Justice Mogoeng at the JSC before deciding whether to support his candidacy. 

Yours Sincerely, 

Helen Zille
Leader of the Official Opposition
Democratic Alliance
 

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