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My office has been informed by the President’s Office that the meeting scheduled for this evening, between myself and the President, has been cancelled.

I requested the meeting to discuss my submission on the suitability of Justice Mogoeng Mogoeng for the position of Chief Justice. I wanted the opportunity to explain the DA's concerns in detail, and to make a recommendation to the President that he withdraw his nomination and give serious consideration to other candidates.

Section 174 of the Constitution enjoins the President to seek the counsel of the Judicial Service Commission and consult with leaders of opposition parties when appointing a new Chief Justice. This consultation should never be token. For it to be meaningful, it must be premised on a willingness by the President to change his mind and his nominee after consulting.

That is why we sought this meeting – so that we could debate the relative merits of his nominee compared to what we believe to be other more suitable candidates. Our belief is that the President is making a serious mistake with this appointment and we wanted a face-to-face opportunity to motivate our reasons. It is a great pity that the President has reneged on his commitment to discuss his appointment to the highest judicial office in the country. South Africa's judicial system will be poorer for it.

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