EDITORIAL | Mkhwebane did the right thing by quitting the chief justice race

The chief justice should be a person of  unimpeachable reputation and integrity, as that person heads one of the three arms of government.

The withdrawal of public protector Busisiwe Mkhwebane from the race for the next chief justice last week should be welcomed, as only candidates without any hint of controversy should be considered for this important position. 

After the end of Mogoeng Mogoeng’s term, president Cyril Ramaphosa initiated an unprecedented process of choosing the next chief justice by inviting public nominations to fill the position. 

The constitution states that the president, after consulting with the Judicial Service Commission and leaders of the parties represented in the national assembly, appoints a chief justice. 

The process saw eight candidates accepting nominations for the position, including a number of heavyweights such as deputy chief justice Raymond Zondo and Supreme Court of Appeal president Mandisa Maya. 

Mkhwebane and Western Cape judge president John Hlophe were also among the eight candidates who accepted the nominations.

On Friday, the presidency announced Mkhwebane had withdrawn from the chief justice race. 

Following Mkhwebane’s withdrawal, Hlophe should also consider removing his name from the running, considering his position with the judiciary. 

Though no reasons were given, Mkhwebane’s withdrawal comes at a time when she is still facing perjury charges. That case has been postponed until December.

There were also planned impeachment proceedings in parliament on a number of grounds of misconduct and incompetence.

However, that process was temporarily halted in July when Mkhwebane scored a legal victory, with the Western Cape high court finding that sections of parliament’s impeachment rules are unconstitutional.

Following Mkhwebane’s withdrawal, Hlophe should also consider removing his name from the running, considering his position with the judiciary. 

In August, the majority of the JSC voted to uphold a gross misconduct finding against him made by the judicial conduct tribunal earlier this year, paving the way for an impeachment process by parliament. 

The tribunal made the finding of gross misconduct against Hlophe in relation to a 2008 complaint by all the then justices of the Constitutional Court. 

The justices had complained that Hlophe had sought to influence the outcome of a pending judgment relating to corruption charges against former president Jacob Zuma. 

Hlophe has challenged that decision and it is unlikely his legal battles will end soon.