By: Ofentse Seanego
President Cyril Ramaphosa has been handed the report to the candidates vying for the position of Chief Justice.
His office on Friday said the Panel for the evaluation of public nominations of the next Chief Justice, chaired by Judge Navanethem (Navi) Pillay, submitted its report to Ramaphosa on Thursday, October 28, 2021.
On September 16, 2021, Spokesperson Tyrone Seale said Ramaphosa initiated an unprecedented process of choosing the next Chief Justice of South Africa by inviting public nominations to fill the position of Chief Justice of South Africa.
From the public nominations, the following eight nominees fulfilled the advertised requirements for nomination:
1. Judge President John Hlophe
2. Justice Mbuyiseli Madlanga
3. President of the Supreme Court of Appeal Mandisa Maya
4. Dr. Wallace Amos Mgoqi
5. Adv. Busisiwe Mkhwebane
6. Judge President Dunstan Mlambo
7. Advocate Alan Nelson, SC
8. Deputy Chief Justice Raymond Zondo
“Dr. Wallace Amos Mgoqi subsequently tendered his withdrawal from the nomination process on October 04, 2021. Adv. Busisiwe Mkhwebane also withdrew from the process on October 27, 2021. The President is giving consideration to the recommendations of the Panel,” he said.
Some of the shortlisted individuals have been met by serious criticism by members of the public. Deputy Chief Justice Raymond Zondo came out the worst with at least two scathing objections, questioning his objectivity and partiality.
The former head of the country’s spy unit Arthur Fraser objected to Zondo’s nomination. He stated that he lacks the requisite judicial independence, the necessary loyalty to the oath of office taken by judicial officers when they are appointed, and lacks the integrity and fairness required for the office of the Chief Justice.
Also read: Arthur Fraser objects to Zondo’s nomination for Chief Justice
Seale said Ramaphosa would inform the Judicial Services Commission of his decision but the report would not be made public.
“After giving consideration to the recommendations of the Panel the President will decide which candidate(s) from the shortlist presented to him by the Panel to refer to the Judicial Service Commission (JSC) and the leaders of political parties represented in the National Assembly for consultation in line with Section 174(3) of the Constitution. The content of the report itself will not be made public as the candidates the President will select from the shortlist still need to go through a process of interviews by the Judicial Service Commission and consultation with the leaders of political parties represented in the National Assembly,” Seale said.
