Opposition parties appear unhappy with President Jacob Zuma's nomination of Constitutional Court Judge Mogoeng Mogoeng as chief justice, but it has received the African National Congress' (ANC's) support.

Acknowledging receipt of Zuma's letter on Tuesday regarding the appointment of a new chief justice, United Democratic Movement leader Bantu Holomisa said it was always difficult to give views on a candidate who had "already been chosen" by Zuma because of not being acquainted with the selection criteria used.

However, after carrying out a brief background check on the proposed nominee, he had discovered two things.

"The nominee seems to lack pertinent Constitutional Court experience and appears controversial to say the least," Holomisa said.

"Therefore, I doubt if it would do justice to the process if I were to support his nomination. The only positive that I could casually pick up about the nominee is his age.

"In your privileged position as the President of the country, I trust you have used all the information at your disposal to arrive at this decision.

"However, given an opportunity to advise and in the spirit of non-interference, I would strongly recommend that the experience of the candidate for the position of chief justice be accorded due regard in the selection method used," Holomisa said.

Inkatha Freedom Party chief whip Koos van der Merwe said he had been taken by surprise by the nomination.

Mogoeng was a relatively junior judge in comparison to many other more senior, more experienced judges, who had been on the bench for many years, he said.

One would have expected a far more senior judge to have been afforded the opportunity to occupy the most powerful position in the judiciary.

"However, as it is clear that President Zuma has already made up his mind and that the consultation process is a mere formality, it is a foregone conclusion that Judge Mogoeng Mogoeng will be appointed the next chief justice," Van der Merwe said.

The Democratic Alliance (DA) reserved immediate comment on Zuma's nomination of Mogoeng.

DA leader Helen Zille confirmed receiving a letter from Zuma asking for the DA's comments on Mogoeng's suitability for the position.

"The President has asked for my comments and response by the 24th of August 2011," she said.

The DA would now carefully consider Mogoeng's track record, jurisprudence, and past commitment to the independence of the judiciary.

In addition, given the proposed expanded functions and office of the chief justice within the new legislative framework of the courts, any nominee for the position would need to have clearly displayed superior administrative and financial skills in his or her career to date.

"We will discuss and debate the President's nominee internally before we comment on Mr Justice Mogoeng's suitability for the office of chief justice," Zille said.

Also disappointed was the Pan Africanist Congress (PAC) of Azania.

Deputy Chief Justice Dikgang Moseneke should have been nominated instead, spokesperson Apa Pooe said.

It was a vote of no confidence in Moseneke who had served no fewer than two different chief justices.

However, the PAC's disappointment did not in any way reflect on Mogoeng's capacity or reflect non-support thereof, he said.

The ANC, on the other hand, welcomed the nomination.

"Not only do we welcome progress in the process of filling the void left by retired chief justice Ngcobo, we firmly believe that this will now create certainty and stability in the highest court in the country – the Constitutional Court," spokesperson Jackson Mthembu said.

"We have full confidence in Justice Mogoeng, who has several years experience in leadership capacities in the legal profession... we think Justice Mogoeng has all the necessary experience and credentials for the job," he said.

Zuma nominated Mogoeng to replace former chief justice Sandile Ngcobo whose term of office ended on Sunday.

In terms of the Constitution, Zuma has to appoint the chief justice after consultation with the Judicial Service Commission (JSC) and leaders of parties represented in the National Assembly.

"I have today, 16 August 2011, initiated the process of consultation by addressing letters to political parties represented in the National Assembly as well as the JSC advising them of my nomination of Justice Mogoeng Mogoeng as my preferred candidate for the position of chief justice of the Republic of South Africa," he said in a statement.

"Justice Mogoeng, who was appointed to the Constitutional Court in 2009, brings several years of experience in the legal profession, including the judiciary," he said.

Mogoeng was appointed a judge of the North West High Court in June 1997, judge of the Labour Appeal Court in April 2000, and in October 2002 he became the judge president of the North West High Court.

Mogoeng was born in Goo-Mokgatha (Koffiekraal) village, north-east of Zeerust, on January 14, 1961.

He graduated from the University of Zululand with a B Juris in 1983, and completed his LLB at the University of Natal, Durban in 1985.

In 1989, he completed his studies at the University of South Africa, where he studied an LLM concentrating on labour law, the law of property, the law of insurance, the law of evidence, and the law of criminal procedure.