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JSC recommends 5 candidates for ConCourt Bench vacancies

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JSC recommends 5 candidates for ConCourt Bench vacancies

 JSC recommends 5 candidates for ConCourt Bench vacancies

14th April 2021

By: News24Wire

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The Judicial Service Commission (JSC) has revealed the names of five candidates who it will recommend to President Cyril Ramaphosa for vacancies on the Constitutional Court Bench.

The names were announced on Wednesday.

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The candidates are Judge Fayeeza Kathree-Setiloane, Judge Jody Kollapen, Judge Rammaka Mathopo, Judge Mahube Molemela and Judge Bashier Vally.

Ramaphosa will decide which of the candidates will fill the two vacancies on the Bench.

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During interviews, Kathree-Setiloane said she believed she could transform society through the Constitution and the work done at the court.

"I believe I can make a contribution to the court as a woman judge and I can set an example as a woman judge," she stressed.

Kathree-Setiloane was one of the researchers appointed at the start of the Constitutional Court. She was also a clerk for retired Justice Yvonne Mokgoro.

During the interview, one of the commissioners, Thandazani Griffits Madonsela, said he had experienced Kathree-Setiloane as cantankerous. He said the judge appeared firm and tended to demand a lot from people, "... as if they must live up to your standards".

She responded that she had high standards but added that it was to uphold the profession's integrity.

The JSC also interviewed Kollapen on Monday.

He acted in the Constitutional Court for two terms and was previously interviewed for a position in the same court.

JSC member Julius Malema asked Kollapen about his age, saying he would serve half of what was expected of a Constitutional Court judge if he was appointed. Kollapen is 64 years old.

He responded, "I am mindful that if I am appointed, I'll probably serve approximately six years. That will take me to age 70, and the proposition that arises is that will this be a value-for-money appointment in respect of state resources. And I think it would, and I think it would be unfair to look at the remaining six years only. I think one must look at my public record from the time of the early 90s when I served in state institutions..."

On Tuesday, Judge Mathopo told the JSC about the "unfair treatment" of junior colleagues by the so-called "top six" at the Supreme Court of Appeal (SCA).

Chief Justice Mogoeng Mogoeng, who chairs the commission, questioned Mathopo about the group, seemingly named after the ANC's most senior national leaders. It's alleged that the SCA "top six" mistreats junior judges at the court.

"Yes, it is true. We had those problems, and we experienced those problems quite painfully," Mathopo said.

Mathopo added, "I witnessed, I heard [and] I experienced, and it was painful CJ (Chief Justice) when colleagues, especially junior colleagues, were subjected to unfair criticism, unfair differentiation [and] unfair treatment by the senior colleagues. That troubled me a lot."

He claimed that some members of the "top six" were opposed to his appointment at the court but "unfortunately for them, this body (the JSC) saw it fit… and endorsed my appointment".

Molemela, who headed the Free State High Court division from 2015 to 2018 and later moved to the SCA, said in her interview that she was ready to be part of the apex court.

Some JSC members raised concerns about her "quick movements". Molemela has only been at the SCA for three years. She told the JSC that three years at the SCA was "more than enough".

Meanwhile, Vally, who was the last to be interviewed, said:

I am at that age where I think I can make a contribution. I think I am matured now.

He added that he had the academic qualifications to be a judge in the apex court.

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