JSC digs around for answers to its liking

06 October 2015 - 02:05 By Aarti J Narsee

Intimations of the tension between the government and the judiciary have surfaced during Judicial Service Commission job interviews. Yesterday interviews of the 40 candidates began in Cape Town to fill 17 vacancies in Gauteng, Eastern Cape, Free State, Northern Cape and KwaZulu-Natal divisions of the high court and the labour court. Minister of Justice, Michael Masutha, asked Advocate Norman Davis - who is vying for a seat in the Gauteng high court: "A common law expression is 'Justice will prevail even if the heavens are too fall'…We politicians would not adopt a policy if it will plunge an entire country into crisis…If you are a judge and you are confronted with a situation where you have to make a ruling and according to your interpretation of law it would result in a consequence of deep crisis, should it matter to a judge when confronted with such a situation?"In July Masutha made reference to the same phrase when questioning Constitutional Court candidates. This days after Chief Justice, Mogoeng Mogoeng, called for a meeting with the President Jacob Zuma to discuss growing tensions between the executive and the judiciary. The meeting, which took place last month, reaffirmed the mutual respect for separation of powers.Strain came after Sudan President Omar al-Bashir was allowed to return home, after attending the African Union summit in South Africa. This despite an International Criminal Court warrant for his arrest and a Pretoria High Court interim order preventing him from leaving the country. The state applied for leave to appeal but it was dismissed.Like the previous round of interviews, candidates do not falter in their responses.Davis replied to Masutha : "[Judges] must apply the law and the law is supreme…"Professor Nomthandazo Ntlama, new to the commission, did not beat around the bush when she asked about the independence of the judiciary, making specific reference to the Al Bashir matter.But Deputy Chief Justice, Dikgang Moseneke, who is standing in for Mogoeng, intervened stating that the candidate cannot comment on an on- going matter.Ntlama clarified her question stating that it emanates from "tensions between the executive and the judiciary".Alison Tilley, from the Judges Matter Coalition, said: “The line of questioning is not opening up a debate about judicial philosophy. Judges making decisions has not yet resulted in the heavens falling. The children’s story about Chicken Little who persuades other animals that the sky is falling is apposite – the sky didn’t fall there either.” Researcher at University of Cape Town's Democratic and Governance Rights Unit (DGRU), Tabeth Masengu added that she was "not surprised" that these tensions keep coming up.Interviews will continue today (Tuesday)...

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