Isak Smuts quits JSC over transformation disagreement

A senior advocate quit the Judicial Service Commission (JSC) on Friday amid disagreement on transformation of the bench.

Isak Smuts, who was appointed to represent the advocates' profession in 2009, had been critical of the JSC for overlooking white males for judicial appointments.

In a statement handed to reporters shortly after the JSC concluded interviews for aspirant judges, Smuts launched a scathing attack on the commission, similar to comments he made on the issue of transformation in a document handed to the JSC earlier in the week.

His discussion paper was titled: "Transformation and the Judicial Service Commission", in which he complained white males were being unfairly overlooked for judicial appointment.

In it, he reportedly said there existed "a very real perception in certain quarters that the JSC is, in general, set against the appointment of white male candidates except in exceptional circumstances".

In Friday's statement he described the track record of the JSC, during the few years he served on it, as "disturbing", adding the image of the commission had been "tarnished".

"Intending no insult to whom I leave out of this list, which would otherwise be far too long, I raise only the names of [Azhar] Cachalia, [Geoff] Budlender, [Willem] van der Linde, [Torquil] Paterson, [Jeremy] Gauntlett, and most recently [Clive] Plasket, as examples of intellectual forensic excellence... all of whom have, during my term of office on the commission, been rejected by the commission for judicial promotion or appointment," said Smuts.

Smuts urged his colleagues in the advocates profession to nominate a more "persuasive colleague" to serve on the JSC.

"It has become increasingly apparent to me, and has been made devastatingly clear during the proceedings of the past week, that my understanding of the constitutional values... and duty of the commission, and even of basic rights such as those of human dignity and freedom of speech, is so far removed from the understanding of the majority of the commission that it is not possible for me to play an effective role on the commission."

After Friday's proceedings, JSC spokesman Dumisa Ntsebeza said he could not comment directly on Smuts' allegations, as the commission had not seen his media statement.

When reporters quoted from the media statement, Ntsebeza said: "It doesn't seem to be out of character."

He confirmed Smuts informed them he would quit on Friday morning.

"He said this would be his last day and he was resigning for obvious reasons."

The JSC saw his resignation as regrettable, Ntsebeza said.

Also on Friday, the JSC interviewed five candidates for one vacancy on the bench in the Eastern Cape division.

It later announced it would not be recommending anyone to fill the position, declining to give full reasons.

Ntsebeza did however hint the quality of candidates interviewed was not the same as those interviewed for other high courts earlier in the week.