Issued by: Judicial Service Commission
PRESS RELEASE
In order to clear up possible misconceptions I wish to bring to the attention of the public the constitutional provisions relating to the appointment of a new Chief Justice. In terms of the interim Constitution the Chief Justice is appointed by the President IN CONSULTATION WITH the Cabinet and AFTER CONSULTATION WITH the Judicial Service Commission. This means that in this connection the President requires the concurrence of the Cabinet. As far as the Judicial Service Commission is concerned, the President's decision does not require the concurrence of the Commission, nor is he obliged to follow any advice which the Commission tenders. He is, however, obliged to take his decision in good faith after consulting with and giving serious consideration to the views of the Judicial Service Commission.
The Judicial Service Commission is an independent body, representative of various interest groups, including the judiciary and the legal profession. in this instance it has with the concurrence of the President, set in motion a procedure which is open and transparent and allows of public participation, for the identification of persons, who are fit and proper for appointment to the office of Chief Justice, in order to enable the Commission to discharge its consultative function. The Commission will discharge this function fairly and conscientiously.
I address to the media, to the political parties, to the legal profession an earnest appeal to put the events of the last few days behind you and to allow the Commission to proceed with its work without acrimonious debate, without an atmosphere charged with emotion and with decorum and dignity. I might just add that calls for either candidate to withdraw are wholly unjustified and an improper interference with the procedures of the Commission.
M M Corbett CHIEF JUSTICE Chairman: Judicial Service Commission
Bloemfontein 17 September 1996