Issued by: SA Communication Service
In a view of certain misleading reports which have appeared in the Press, it has become necessary to repeat the substance of a previous press release in regard to the procedures adopted for the appointment of a successor to the present Chief Justice, whose term of office will expire on 31 December 1996, and to state what action has been taken in accordance with such procedures.
In terms of section 97(1) of the interim Constitution, Act 200 of 1993, the new Chief Justice "shall be appointed by the President in consultation with the Cabinet and after consultation with the Judicial Service Commission". In accordance with a procedure approved by the President and the Judicial Service Commission and in order to enable the President to consult with the Judicial Service Commission, a committee consisting of the Chief Justice, the President of the Constitutional Court, the Minister of Justice and the President's legal adviser was established. This committee was charged with the function of making enquiries directed at the heads of all the divisions of the Supreme Court, the Constitutional Court, and other interested legal bodies usually consulted by the Judicial Service Commission in order to establish who would be willing to permit his or her name to be placed before the President for the purpose of being considered by the President for appointment as Chief Justice. The committee commenced soliciting such nominations on 12 August 1996, the closing date being 11 September 1996.
By the closing date two nominations had been received: Mr Justice I Mahomed and Mr Justice H J O van Heerden. These two nominations have been placed on a shortlist to be submitted to the Judicial Service Commission in order to enable the Commission to discharge its consultative function. The Commission will interview these nominees in public in accordance with the Commission's established procedures. The interviews will take place in Cape Town on 4 October 1996. Interested bodies will be allowed to submit comments upon these nominees to the Commission, should they so wish. Following the interviews the Commission will submit a report to the President.
The President will, in due course, consider the report to him by the Judicial Service Commission. In accordance with the Constitution the final decision in respect of the appointment of the new Chief Justice will lie with the President and the Cabinet.
(signed) M M Corbett 12 September 1996