Our most read articles of 2018
Throughout the year we write articles to share more information about the JSC, the judges’ interview process and the South African judicial system as a whole. Here is a list of our most popular articles in 2018.
1. The JSC’s uneven line of questioning on judicial transformation
Posted: 8 June 2018
Section 174 (2) of the Constitution of South Africa, which may be referred to as the “transformation clause” stipulates that the need for the judiciary to “reflect broadly the racial and gender composition of South Africa must be considered” when judges are appointed. The contentious nature of the provision was captured in a question that President Maya put to one candidate during the April 2018 JSC interviews:
“The simple question is how do we transform the SCA without weakening its intellectual capacity? Because that is my conundrum and that is the challenge of this body as well, I am sure.”
2. What Judge Motata did wrong
Posted: 23 April 2018
The Judicial Tribunal, lead by Judge President Jappie, enquiring into the complaint laid against Judge Motata has resulted in an extremely serious finding. It finds that sec 177(1)(a) of the Constitution should be invoked, which, if done, would result in the Judge being impeached.
3. Lamenting long judgments
Posted: 29 May 2018
Guest writer Vaughan Bonakele writes; Chief Justice Mogoeng occasionally laments the long, and what I understand as exhausting to peruse, judgments prepared by our Courts. I would like to suggest a focus on the length of judgments rather than their substance would be to risk a poorer justice being delivered to litigants and society as a whole.
4. Using Stalingrad tactics to delay justice
Posted: 19 June 2018
The most famous use of the Stalingrad strategy has been by the former President Jacob Zuma. His advocate, Kemp J Kemp, said;
“This is not a battle where you send a champion out and have a little fight and that’s it – this is more like we will fight them in every room, in every street, in every house.”
5. Searching for ConCourt candidates
Posted: 24 July 2018
The Constitutional Court currently has two vacancies open. These vacancies have not been advertised in the call for nominations for the JSC’s October 2018 interviews. This has surprised many people, as the vacancies have stood open since June 2016 and January 2018 respectively – so it is not as if these have only suddenly become open.
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