Issued by: Office of the President
PRESIDENT MANDELA ON THE APPOINTMENT OF THE CHEF JUSTICE
The Interim Constitution provides that the President will appoint a new Chief Justice after consultation with the Judicial Service Commission. Prior to 1994 Chief Justices were appointed by the State President without an obligation to hear any other body's views.
In order to provide a mechanism for the consultation with the Judicial Service Commission and to provide for greater public participation and transparency than that strictly required by the Constitution, the President and the Judicial Service Commission have agreed to a process in terms of which both he, or his Office, and any other interested legal association would propose candidates for consideration and scrutiny by the Judicial Service Commission. The President and Cabinet would in due course consider the evaluation of the candidates by the Judicial Service Commission and make a final decision on the appointment.
Justice I. Mahomed, currently Deputy President of the Constitutional Court and Chief Justice of Namibia, was a potential candidate that the President believed should be one of those to be considered and scrutinised by the Judicial Service Commission.
The Office of the President decided that this fact may be a relevant consideration to be put before the Judicial Service Commission so that it could, in particular, conduct its evaluation of Judge Mahomed with due rigour in the light of this fact. The Office is of the view that the failure to so disclose this fact to the Judicial Service Commission would not promote the transparency of the process, and that indeed the Judicial Service Commission was entitled to this information.
The Office of the President has, however, communicated to the Judicial Service Commission that the fact that the Office has now proposed Judge Mahomed as a candidate for evaluation by the Judicial Service Commission should not be misinterpreted. The president has an open mind on the appointment and will be guided by the Judicial Service Commission regarding the suitability of the candidates for appointment as Chief Justice.
Finally it needs to be stressed that in comparison with other democracies, where the appointment of the senior Judicial Officer is conventionally viewed as an executive prerogative, this process is remarkably open. It is more open than that strictly required by the Constitution, and considerably more open than the process by which Chief Justices have been appointed previously.
13 September 1996
For further information contact: Joel Netshitenzhe 082-900 0083