Manoim stands his ground, outlines vision for competition appeal court

04 October 2022 - 22:44 By Tania Broughton
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The Judicial Service Commission will advise President Cyril Ramaphosa to appoint judge Norman Manoim to the position of judge president of the competition appeal court.
The Judicial Service Commission will advise President Cyril Ramaphosa to appoint judge Norman Manoim to the position of judge president of the competition appeal court.
Image: Office of the Chief Justice

A tit for tat ensued during the Judicial Service Commission (JSC) interview for the position of judge president of the competition appeal court when judge Bashier Vally took several verbal swings at judge Norman Manoim who was seeking appointment to the top job.

In a swipe at Manoim, Vally — as representative of the court on the JSC — said he was the only applicant for the top job because he had denied others, black women in particular, the opportunity to gain experience on the court.

Vally and Manoim are the only two permanent appointees on the court which operates largely with secondments of 10 other judges, on an annual basis, from other divisions.

Vally had also thrown his hat into the ring for one of five available positions on the Supreme Court of Appeal.

Moments before Manoim’s interview began, Vally learnt that the JSC had not recommended him for a position.

Manoim is a former human rights attorney and a latecomer to the bench, only being appointed in 2020.

He has, however, been a full-time member of the Competition Tribunal since 1999 and is widely considered to be an expert in that field of law.

Vally has also served for two decades on the tribunal.

Vally kicked off with: “I don’t want to put you in a difficult position. I know the anxiety of sitting in that seat”, a reference to his earlier interview for the SCA post.

He then questioned the status of the tribunal — and why economists played a role on it, even presiding over hearings and making decisions on issues that were “legal in nature”.

“Why can they not just be assessors,” he said, suggesting that they were divided based on their economic world views.

Manoim said: “They have added huge value. And have taken better to law than lawyers have to the economy.”

He mentioned one judgment — which Vally said he had dissented and the Constitutional Court had agreed with him.

Acting chief justice Mandisa Maya, who is chairing the hearings, then commented: “This is beginning to feel like a conversation between the two of you.”

Vally then questioned the “capitalist” nature of the tribunal and the court and suggested the CAC could be eliminated altogether, and appeals from the tribunal could be heard at the SCA.

Manoim said through his ongoing lecturing and mentorship, he was, and wanted to be, an “agent for change” and “I will not be here forever”.

Manoim said judges needed to be released from their divisions to deal with “long and fact-heavy cases”.

Commissioner Julius Malema asked if it was fair to interview only “one white male” for the position, to which Manoim said: “It was advertised in July last year and no-one applied. If (the appointment) is delayed, it will be to the detriment of the court.

“I cannot help that other people have not applied.”

Vally countered: “People say they have been deprived of opportunity to act, and they are far more experienced than you are ... they are more than happy to apply next time round.

“If some of those people are female, it would be dangerous to appoint somebody now. And seal the position for 11 years. These people are women, and they are your seniors ... you are benefiting from their deprivation.”

Manoim denied this. He said most of the seconded judges who served on the court were black and/or women.

“I am passionate about this institution. I want to build the court. I would like to bring in a case manager and liaise with the profession. That would require time. But the period I would serve is set by the president.”

After deliberations, the JSC said it would advise President Cyril Ramaphosa to appoint Manoim to the position.

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