Chief justice move under fire
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Opposition parties and the legal fraternity have criticised President Jacob Zuma's nomination of Judge Mogoeng Mogoeng as chief justice.
Zuma sent letters to the Judicial Service Commission and political parties in the National Assembly to start what he called the beginning of a consultation process in the appointment of former chief justice Sandile Ngcobo's successor.
Ngcobo's term ended on Sunday.
This comes less than a month after Ngcobo made an about-turn and decided not to go along with Zuma's plan to extend his term as the chief justice.
While the DA and Freedom Front Plus reserved their comment, the IFP and the United Democratic Movement attacked Zuma's move.
UDM leader Bantu Holomisa said the nomination was "controversial, to say the least".
"The nominee seems to lack pertinent Constitutional Court experience," Holomisa said.
IFP leader Mangosuthu Buthelezi said he was "taken by surprise" and it was expected that a more senior judge would have been afforded the opportunity.
"However, as it is clear that President Zuma has already made up his mind, and that the consultation process is a mere formality, it is a foregone conclusion that Judge Mogoeng Mogoeng will be appointed the next chief justice."
JSC spokesman Dumisa Ntsebeza said yesterday that in a letter addressed to his secretariat Zuma had said that he would "appreciate" if he could receive a response on the nomination by next Wednesday, given the urgency of the matter.
Ntsebeza said it was too soon to say what form the consultation process would take, but it was not a "one-way process" as the commission could, after consulting internally, either support the president's nomination or ask him to consider another candidate.
"I would say that it is possible that after the consultation process the JSC could go back to Zuma and ask him to consider another name."
But Ntsebeza said, according to section 174 (3) of the Constitution, the appointment of the chief justice rested with the president.
Zuma's nomination of former North West judge president Mogoeng, 50, took almost everybody by surprise.
A senior counsel, speaking on condition of anonymity, said yesterday that Mogoeng, who became the youngest member of the Constitutional Court when he was appointed in 2009, was a "loner" on the bench and he was very reserved in his judgments.
"What concerns me the most is that the president bypassed a lot of senior people [like Deputy Chief Justice Dikgang] and nominated a judge with less experience," said the advocate.
His feelings were echoed by other senior legal counsel, who said that they were surprised at Zuma nominating Mogoeng over other experienced judges such as Judge Moseneke.
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Chief justice move under fire
For Commenters Consideration | Please stick to the subject matterCOMMENTS [20]
SuiGeneris
Posted 648 days agoExactly what the anc want to mum the media on their incompetence, corruption and nepotism.
MisterWendal
Posted 648 days agoTypical flawed decision making by the spineless one's handlers!
dopla1967
Posted 648 days agoThe same Constitution (which other people think that they own) does not say that a Deputy Chief Judge must be automatically appointed as Chief Judge but any Judge in good standing can be appointed as Chief.
clydebv
mmba
So, madoda, you conceding that your beloved JZ selected an inexperienced judge?
Indeed the criticism IS about your bad president. If he is bad, he is bad.
Even amongst you loyal anc diehards, privately you do admit that Zuma has been one huge monumental flop.
So why you take umbrage when non anc people point out the same?
Maweni
Beelzebub
Posted 648 days agoTOTALLY UNACCEPTABLE
ScarfaceReturns
Posted 648 days agoGood choice Mr Zuma our honorable president, opposition parties can howl as much as their voices can last but the decision is perfect.
dwnwitjuju
Independent? HAHAHAHAHAHAHAHA
Maybe it should read - "Independent of any and all outside influences, other then the ANC."
Ntebaleng
Posted 647 days agoScarfaceReturns
Maweni
Ntebaleng
Posted 647 days agoJudge Mogoeng was judge president - he has administrative skills and management skills and that is actually what will make him effective chief justice - he has performed a similar function by being judge president - what experience do you think he still needs when one who was on the bench and being deputy chief could not remember his oath as a judge - the man is young and he will do good in the capacity of chief justice
Maweni
MisterWendal
Posted 647 days agoUntil someone produces a clear and coherent counter-viewpoint, I'm with McKaiser!
However, it seems like we're stuck with the chosen judge (just like we're stuck with a flawed president).
Ntebaleng
Posted 647 days agoyou are a sour loser - rest your peace comrade
BobbyBob
Posted 647 days agoJombolo
Posted 647 days agoI cant wait for Zuma's term to end.
Maweni
You and me @Jombolo, you and me.
POST94
Posted 647 days agoHe was disappointed when his boss was deposed in Polokwane resulting in his infamous statement about the new ANC kids in the block.
The fact is Moseneke, as good as he has turned out to be, was a political appointee of the then President Mbeki. Finish en klaar.