Another snag stymies Hlophe’s 2008 gross misconduct case
In a saga that has dragged on for more than a decade, the Judicial Conduct Tribunal investigating the alleged misconduct of Judge President John Hlophe has been delayed, once again, due to a dispute regarding payment of legal fees between the Office of the State Attorney and Hlophe.
You can’t unscramble eggs, SCA tell Judge Phatudi
“You cannot unscramble a scrambled egg” was, in short, the message that the Supreme Court of Appeal (SCA) sent to Limpopo High Court judge George Phatudi.
Unpaid legal fees delay Judge Hlophe tribunal proceedings
Soon after announcing that the tribunal investigating alleged gross misconduct by Western Cape Judge President John Hlophe was set to resume proceedings on Monday, the Judicial Conduct Tribunal on Friday announced that the hearings had been halted once again.
Tribunal set to hear Hlophe case hits another snag due to legal disputes
The judicial conduct tribunal, which was set up to hear complaints against Western Cape High Court Judge President John Hlophe, has again been delayed – this time due to legal disputes between the state attorney and Judge Hlophe’s legal team.
Judge Hlophe tribunal to resume more than a year after postponement
A tribunal investigating gross misconduct by Western Cape judge president John Hlophe is set to resume this month, more than a year since it was last postponed.
Open season on the judiciary
The manner in which attacks on the judiciary have become fairly commonplace is disturbing in that, whatever the lack of merit in this kind of criticism, the legitimacy of a key pillar of constitutional democracy is weakened each time this occurs.
Row over top court job exposes bickering on the bench
Mentorship of a black woman was among the sticking points of the spat that ended in a magistrate being kicked out.
Motata house crash victim fights back, plans to sue former judge
Nkola Motata, a former judge who was convicted of drunk driving in 2009, can expect a summons from the owner of the home he drove into while intoxicated in 2007.
Mogoeng versus the magistrates
A fierce exchange between Chief Justice Mogoeng Mogoeng and Chief Magistrate Daniel Thulare on Tuesday exposed tensions between the chief justice and the country’s magistrates, who feel excluded from the judiciary’s governance structures.
JSC recommends 7 candidates for the Gauteng Bench
An advocate who attempted more than once – unsuccessfully – to land a spot on the Bench, has finally been recommended for appointment.
High court adds more women judges
Sylvia Daniso’s father made the mistake of taking her along to meet his boss when he was applying for one of the university scholarships offered by the company for employees’ children.
JSC interviews, not for the faint of heart
The issue of judicial governance was a touchy subject at Tuesday’s Judicial Service Commission’s interview of judge candidate Daniel Thulare, a Chief Magistrate in Cape Town.
Judge Motata avoids impeachment, fined just over R1m
Judge Nkola Motata has avoided impeachment but was ordered by the Judicial Service Commission (JSC) to pay a fine of R1,15m.
Judge Nkola Motata knows his fate, says chief justice Mogoeng Mogoeng
The Judicial Conduct Tribunal has finalised the case against disgraced retired judge Nkola Motata and is expected to make public its ruling soon.
JSC finds Motata guilty of misconduct, fines him more than R1m
The Judicial Service Commission (JSC) has found retired judge Nkola Motata guilty of misconduct and ordered him to pay more than R1m.
Judge Motata cleared of impeachable conduct
The Judicial Service Commission (JSC) has cleared Judge Nkola Motata of impeachable conduct, going against the recommendation of a judicial conduct tribunal.
JSC dismisses complaint by Judge Makhubele against Judge Tuchten
The Judicial Service Commission (JSC) has dismissed the complaint of Judge Tintswalo Annah Nana Makhubele against her colleague Judge Neil Tuchten. The decision was handed down by Judge Patricia Goliath on Wednesday morning.
JSC dismisses complaint by Judge Makhubele against Judge Tuchten
Ruling vindicates Tuchten’s judgment that raised serious questions about Makhubele’s conduct at PRASA.
Four make it on to ‘Judges’ hot list
It was no-holds barred when Eastern Cape candidate judges were grilled on race, transformation and even citizenship at the gritty, high-profile Judicial Service Commission hearings in Johannesburg on Wednesday.
Third time lucky for North West judge as JSC recommends him for deputy judge president post
Three women and one man have been recommended to President Cyril Ramaphosa for appointment to the Bench.
EXCLUSIVE: Hands off the judiciary says Mogoeng, addressing fake CR17 ‘list’
The Chief Justice worries Hitler’s propaganda strategy of repeating a lie until it becomes truth is working in modern-day SA.
Third time a charm for North West deputy judge president hopeful?
Judge Ronald Hendricks is being interviewed for the position of deputy judge president of the North West, as Judicial Services Commission (JSC) interviews continue in Midrand on Tuesday.
I’ve divorced myself from politics, says North West deputy judge president hopeful
Judge Roland Hendricks, who is in the running for the position of deputy judge president of the North West, on Tuesday moved to assure the judicial services commission that his former political affiliation to the ANC would hold no bearing on his judicial performance.
Tempers flare as magistrates slug it out in scandalous court case
Tempers flared in the Pietermaritzburg regional court this week as judicial officers went head to head in a court case filled with scandalous allegations about each other, including claims of cabals, lewd behaviour, nepotism, and racial slurs.
North West deputy judge president candidate warns against ‘wild allegations’ of judiciary corruption
North West High Court Judge Ronald Hendrickse said impartiality is of the utmost important when it comes to our judiciary.
Judge who presided over Coligny ‘sunflower case’ up for top job in North West judiciary
The judicial service commission (JSC) on Tuesday said it would recommend judge Roland Hendricks for the position of North West deputy judge president.
A judicial officer should be impartial – North West deputy judge president candidate
A good judicial officer must be able to divorce himself from “biasness”, North West High Court Judge Ronald Hendricks said on Tuesday during his Judicial Service Commission (JSC) interview.
JSC recommends one candidate for Free State High Court vacancy
Free State judge candidate Nokuthula Sylvia Daniso managed to impress the Judicial Service Commission (JSC) on Tuesday, when she interviewed for a vacancy in the Free State High Court.
Law and the legal profession in a democracy under attack
The law and the judiciary have been formidable defences against looting and undermining of democracy.
Come on NPA, get cracking
There is something truly surreal about almost daily disclosures of corrupt activity, most of which appear to be extremely plausible and in which no one is ever held to legal account.
Chief Justice Mogoeng explains why his political comments are appropriate in SA
Chief Justice Mogoeng Mogoeng says tensions are always present in a functional constitutional democracy.
EXCLUSIVE: There’s more to me than Nkandla, says Mogoeng
The chief justice discusses issues such as the spanking ruling, and why he shouldn’t be criticised for ‘getting involved in politics’.
Not a single candidate appointed as deputy judge president for the Limpopo high court
After an afternoon of Judicial Service Commission (JSC) interviews, no one was recommended for appointment as deputy judge president of the Limpopo high court, with all the candidates apparently failing to impress.
Black Lawyers Association questions Limpopo deputy judge president candidate
The Black Lawyers Association (BLA) has expressed its doubts over judge Thifhelimbilu Phanuel Mudau’s candidacy for the position of deputy judge president of the Limpopo division of the high court.
Mogoeng is just the man to uphold the law
When disinformation and fake news are the weapons being used to fight political and even business battles, SA needs a balanced, unbiased, judiciary.
Mogoeng rejected R600m offer ‘because that is how capture happens’
Justice Mogoeng was speaking at the Constitutional Court yesterday where he delivered the annual judiciary report.
Mogoeng: Judiciary has never shied away from pursuing judges accused of misconduct
Chief Justice Mogoeng Mogoeng has come out in defence of the judiciary, saying it had never shied away from openly pursuing any judge accused of misconduct.
JSC October 2019 brief for journalists
JSC interviews overview brief for members of the press and the public.
JSC, Inc: Time to think harder about who gets to choose our judges
At least three members of the 23-person panel that interviews candidates to be judges have legal action pending against them.
Dros ‘rapist’ case: Waitress quit job because she can’t forget ‘the blood, the screaming’
The high court in Pretoria is set to hand down judgement on Monday.
Why Justice Stevan Majiedt aspires to be like Pius Langa
Franny Rabkin sat down with Majiedt to talk about what he learnt from Dullah Omar and his affinity for people from rural areas.
ConCourt Bench: Ramaphosa appoints judges Zukisa Tshiqi, Stevan Majiedt
President Cyril Ramaphosa has made two new appointments to the Constitutional Court Bench – judges Zukisa Tshiqi and Stevan Majiedt.
Ramaphosa appoints two new ConCourt judges
President Cyril Ramaphosa has appointed two prominent South African Judges Steven Majiedt and Zukisa Tshiqi to the highest court of the land – the Constitutional Court – to replace the former Deputy Chief Justice Dikgang Moseneke and Bess Nkabinde.
Ramaphosa makes his first ConCourt appointments
Justices Zukisa Tshiqi and Steven Majiedt — both currently at the Supreme Court of Appeal — will begin at the Constitutional Court on October 1.
Ten years later, still no action on Hlophe complaint
Accusation that Western Cape Judge President tried to intervene in favour of Jacob Zuma has still not been dealt with.
Ten years later, still no action on Hlophe’s ‘Zuma meddling’ complaint
Accusation that Western Cape Judge President tried to intervene in favour of Jacob Zuma has still not been dealt with.
New judge to preside over Omotoso’s human trafficking trial
The controversial human trafficking trial involving Nigerian televangelist Timothy Omotoso is scheduled to begin again in the Port Elizabeth High Court on Tuesday – before a new judge.
Ramaphosa gets his shortlist for Constitutional Court judge vacancies
There have been two judicial vacancies at the Constitutional Court since 2017. They will soon be filled if at least two nominations for the positions get presidential approval.
These are the candidates for two Constitutional Court positions
The JSC removed Kathree-Setiloane, who is a judge at the high court in Johannesburg and was retired Constitutional Court justice Yvonne Mokgoro’s first clerk.
Supreme Court of Appeal still facing collegiality problems
With the current batch of retirements at the Supreme Court of Appeal, the appeal court was losing 93 years of judicial experience, KwaZulu-Natal High Court judge Trevor Gorven said on Tuesday.
SCA tensions dominate at interviews
The Judicial Service Commission (JSC) this week heard that tensions among the judges of the Supreme Court of Appeal persist, with fresh allegations of “uncollegial” conduct by the court’s senior justices dominating the interview process to fill vacancies in the highest courts of the land.
Transformation, experience dominate JSC interviews for vacant ConCourt posts
The Judicial Service Commission (JSC) has heard from three of the six candidates vying for two vacancies on the Constitutional Court Bench.
Interesting points arise out of JSC hearings for ConCourt justices’ appointments
Last week the Judicial Service Commission sat to appoint a number of judges to various courts and to recommend five candidates for two vacancies at the Constitutional Court.
Supreme Court of Appeal gets a new deputy president, five new judges
The Supreme Court of Appeal (SCA) has a new deputy president in Xola Petse after the Judicial Service Commission (JSC) on Tuesday found that Petse — nominated for the post by President Cyril Ramaphosa — was suitable for appointment.
JSC confounds at ConCourt interviews
This week’s sitting of the Judicial Service Commission (JSC) in Johannesburg to interview candidates for appointment to, or promotion within, the judiciary provided several moments that confounded expectations, raising questions about the rigour, focus, unacknowledged prejudices and insecurities of its members.
JSC recommends 5 candidates as Constitutional Court judges
The Judicial Service Commission (JSC) has recommended five candidates to President Cyril Ramaphosa for vacancies on the Constitutional Court Bench.
These are the candidates for two Constitutional Court positions
The JSC removed Kathree-Setiloane, who is a judge at the high court in Johannesburg and was retired Constitutional Court justice Yvonne Mokgoro’s first clerk.
Ramaphosa gets his shortlist for Constitutional Court judge vacancies
There have been two judicial vacancies at the Constitutional Court since 2017.
Constitutional Court interviews turn into he-said-she-said
The legal fraternity is not a unified community and rarely is there across-the-board support for a candidate seeking to be a judge.
Conflict of interest pauses JSC interviews for Constitutional Court posts
The Judicial Service Commission has shed light on why it decided to halt the interviews of the six people vying for the two vacant Constitutional Court positions.
Chief Justice’s office fails to provide list of late judgments
GroundUp’s PAIA request to judiciary has been ignored.
Constitutional Court nominees should undergo an exacting deliberation of their fitness for office
One can be a very competent high court judge or even a member of the Supreme Court of Appeal and not be deemed sufficiently qualified for the highest judicial office where the judgments of the Constitutional Court bind the entire legal system.
‘Potential conflict of interest’ delays ConCourt interviews
A “potential conflict of interest” has led to the postponement of the Judicial Service Commission (JSC) interviews of two candidates for the Constitutional Court Bench.
Six judges vie for ConCourt spots
Two of the strongest candidates are women who have ruled in precedent-setting cases.
ConCourt interviews postponed because of ‘potential conflict of interest’
Interviews for candidates for appointment to the Constitutional Court were postponed on Monday because of a “potential conflict of interest” on the part of Supreme Court of Appeal (SCA) president, Mandisa Maya.
Interviews for Constitutional Court vacancies delayed to Wednesday
Positions left vacant by the promotion of deputy chief justice Raymond Zondo in March 2017, and the retirement of justice Bess Nkabinde in 2018, have not yet been filled.
Six Concourt candidates – all you need to know
On Monday, six candidates will be interviewed by the Judicial Services Commission for two vacancies in the Constitutional Court.
Hlophe complaint faces fresh hurdle
Western Cape Judge President John Hlophe has asked for the recusal of one member of the panel investigating a gross misconduct complaint against him.
Judge John Hlophe set to face tribunal over undue influence
The judicial conduct tribunal to investigate and decide on a complaint lodged by Constitutional Court justices against Western Cape judge president John Hlophe is set to begin on Monday.
Judicial Conduct Tribunal postponed after judge recuses himself
The Judicial Conduct Tribunal set up to hear complaints against Western Cape High Court Judge President John Hlophe has hit yet another snag.
‘Disgust’ after another delay in Judge Hlophe’s 10-year tribunal saga
Western Cape Judge President John Hlophe is stunned that the tribunal investigating a complaint of gross misconduct against him has again been postponed, according to his lawyer.
Hlope tribunal: Yet another delay
A tribunal to investigate a gross misconduct complaint against Western Cape Judge President (JP) John Hlophe has been delayed yet again.
Hlophe case postponed yet again
WESTERN Cape Judge President John Hlophe is stunned that the tribunal investigating a complaint of gross misconduct against him has again been postponed, his lawyer says.
Outrage over Hlophe’s ‘delaying tactics’ as tribunal at standstill
‘This is quite clearly a delay that was secured, if not engineered, by Judge Hlophe,’ Freedom Under Law chair Johann Kriegler says.
‘Transformation’ is a farce in law
As they say, numbers don’t lie. Of the 250 justices across the country last month, 26% were black women (African, coloured and Indian) and 10% were white.
JSC interviews to start this week
The Judicial Service Commission is on Monday expected to interview shortlisted candidates for various judicial positions.
The contentious ‘merit’ requirement in judicial appointments
From 9 to 13 April 2018, the Judicial Service Commission (the JSC) will hold interviews to fill twelve vacancies in several Superior Courts.
Judge Colin Lamont withdraws application for appeal court position
Chief Justice Mogoeng Mogoeng announced on Monday, during Judicial Service Commission (JSC) interviews in Midrand, that Judge Colin Lamont, has withdrawn his application for appointment to the Supreme Court of Appeal Bench.
Candidates interview for three empty positions on Supreme Court of Appeals
The Judicial Service Commission (JSC) is scheduled to conduct interviews to fill three vacant positions in the Supreme Court of Appeal (SCA), this week.
Judges express mixed feelings about acting stint at SCA
Judges who were being interviewed for three positions at the Supreme Court of Appeal (SCA) expressed mixed feelings about their experiences while acting at that court.
Judge speaks on transformation during SCA interview
Pietermaritzburg High Court Judge Trevor Gorven said he would always be available to act at the Supreme Court of Appeal‚ but would have to carefully consider putting himself forward again for nomination if he was unsuccessful.
White judge supports transformation but believes there might be slot for him at SCA
A white male judge applying for one of three positions with the Supreme Court of Appeal (SCA) supports transformation but believes there might be a slot for him in that court.
JSC recommends 3 candidates for SCA Bench
The Judicial Service Commission (JSC) has recommended three candidates for vacancies on the Supreme Court of Appeal (SCA) Bench in Bloemfontein.
Tsoka unfazed by some unwelcoming SCA judges as ‘you cannot be loved by all people’
Johannesburg high court Judge Moroa Tsoka said he was unfazed by the fact that some Supreme Court of Appeal (SCA) judges seemed not to welcome him during his stint at that court.
Free State judge shocked by ‘cold and unfriendly’ Supreme Court of Appeal
Free State Judge President Mahube Molemela has described her shock at finding some “cold and unfriendly” colleagues at the Supreme Court of Appeal (SCA) when she acted as a judge in that court last year.
Experienced white judge says there is room for him in a transformed Supreme Court
Johannesburg High Court Judge Pieter Meyer is applying for one of three vacant positions in the Supreme Court of Appeal
Three appointments for Supreme Court of Appeal announced
Free State Judge President Mahube Molemela‚ Johannesburg High Court Judge Tati Makgoka and Western Cape High Court Judge Ashton Schippers have been recommended by the Judicial Commission for appointment to the Supreme Court of Appeal (SCA).
Judge describes meeting ‘cold and unfriendly’ judges at the SCA
Free State Judge President Mahube Molemela has described her shock in finding some “cold and unfriendly” colleagues at the Supreme Court of Appeal (SCA) when she acted as a judge in that court last year.
Bench pressing: Will it be third time lucky for advocate hoping to become a judge?
Veteran advocate Ian Topping is putting his hand up for a third time for a spot on the KwaZulu-Natal Bench.
Masutha shocked to learn white advocate has never worked with black counterpart
Justice Minister Michael Masutha was astounded that one of the applicants for a vacancy in the Durban High Court had not worked with a black counterpart in her 23 years as an advocate.
The JSC recommends two candidates for KZN and three for the Free State
The Judicial Service Commission (JSC) has recommended a retired magistrate and an attorney for two vacancies in the KwaZulu-Natal High Court.
Did the JSC get it wrong?
On Tuesday morning at the Judicial Service Commission (JSC) interviews of prospective judges, Economic Freedom Fighters leader Julius Malema’s piercing eyes caught those of Chief Justice Mogoeng Mogoeng.
Chief Justice Mogoeng: From Imitation to Innovation: Comparative Perspectives on Legal Education
In March, Chief Justice Mogoeng Mogoeng delivered a speech to the 2018 African Law School Leadership Forum, Conference on Legal Education, at the University of Cape Town. Mogoeng’s speech was titled; From Imitation to Innovation: Comparative Perspectives on Legal Education.
Making the road by walking: The evolution of the South African Constitution
Download a free copy of the book, Making the road by walking: The evolution of the South African Constitution by Narnia Bohler-Muller, Michael Cosser& Gary Pienaar, 2018.
Retired Judge Motata was ‘racist’ and ‘lacked integrity’ – judicial tribunal finds
A judicial tribunal probing the conduct of retired Judge Nkola Motata has found that his conduct at the scene of a car crash in 2007 was “racist”.
[Listen] Tribunal findings on retired Judge NkolaMotata
Aubrey Masango spoke to The Coordinator of The Judges Matter Project, Alison Tilley on the Judicial tribunal’s findings that retired Judge Nkola Motata was ‘racist’ and ‘lacked integrity’.
Judge Nkola Motata: judicial conduct tribunal recommends impeachment
The tribunal established to investigate gross misconduct complaints against Pretoria High Court Judge Nkola Motata has recommended that he be impeached for gross misconduct.
Tribunal says Nkola Motata should be impeached
More than a decade since a drunk judge, Nkola Motata, was recorded swearing at onlookers after he crashed his Jaguar into a wall‚ a Judicial Service Commission tribunal has found that his racist comments — and the dishonest way in which he conducted his trial — could justify his removal as a judge.
JSC: Chief Justice to decide when to meet over Judge Motata’s fate following judicial tribunal report
Following the judicial tribunal ruling that the conduct of retired Judge Nkola Motata at the scene of a car crash in 2007 was racist and lacked integrity, the Judicial Services Commission (JSC) will now meet to consider the report and its recommendations.
Limpopo judge president: too many frivolous appeals from government on court rulings
Limpopo Judge President Ephraim Makgoba has lashed out at government for its tendency of not taking note of rulings.
Would Judge Motata’s removal from office be warranted to safeguard the integrity of the Judiciary?
Judge NK Motata could become the first judge in South Africa’s history to be impeached.
Motata: Over to Mogoeng Mogoeng‚ JSC and even MPs
Judge Nkola Motata still has a chance to convince the Judicial Service Commission on why he should not be removed from office.
Nkola Motata should be impeached – Judicial Conduct Tribunal
Conduct of judge at scene of accident was racist, and the conduct of his subsequent trial defence dishonest.
John Hlophe faces risk of impeachment
The long-running saga of whether Western Cape Judge President John Hlophe sought to improperly influence the justices of the Constitutional Court in a 2008 matter involving former president Jacob Zuma will finally be clarified when the tribunal set up to hear evidence sits for two weeks at the beginning of July.
JSC rapped for taking over a decade to deal with judges
Freedom Under Law has rapped the Judicial Service Commission for taking so long to deal with matters involving judges accused of misconduct.
Mbenenge seems to reach Judge President benchmark
Bhisho High Court Judge Selby Mbenenge seemed to have impressed the Judicial Services Commission (JSC) in his three-hour-long interview for the vacant Judge President (JP) position on the Eastern Cape Bench.
Jacob Zuma appoints Dali Mpofu and Jennifer Cane to JSC
President Jacob Zuma has appointed Dali Mpofu SC and Jennifer Cane SC as members of the Judicial Service Commission with immediate effect‚ the Presidency said on Friday.
Dali Mpofu appointed to Judicial Service Commission by Zuma
President Jacob Zuma has appointed Advocate Daluxolo (Dali) Mpofu SC and Advocate Jennifer Cane SC as members of the Judicial Service Commission with immediate effect‚ the presidency said on Friday.
English will be only language of record in courts – Mogoeng
Johannesburg – English will be the only language of record in South African courts, Chief Justice Mogoeng Mogoeng said on Friday.
Have Bram Fischer’s ideas lost relevance? asks Mogoeng
Chief Justice Mogoeng Mogoeng questioned on Thursday whether that which anti-apartheid activist Bram Fischer had fought and died for had lost relevance to SA and her people.
Aspirant judges grilled on reserved judgments
JSC questions candidates for the bench — including on actions taken while in acting capacity.
Court in the act… Women lawyers call out in inequality in legal profession
Women may outnumber men in the lecture halls of law schools‚ but the legal profession is still male-dominated.
Justice minister’s ‘attack’ on former Constitutional Court Judge
Chief Justice Mogoeng Mogoeng‚ Justice Minister Michael Masutha and other members of the Judicial Service Commission (JSC) on Wednesday grilled candidates on judgments reserved – some for as long as a year – while they were acting judges.
Seven recommendations for judges made by the JSC
On Thursday, six advocates and a sitting magistrate were recommended for appointment as judges in the Gauteng High Court by the Judicial Service Commission (JSC), four of them senior counsel and the others advocates of the High Court.
Study weighs transformative effect of critical court rulings
The report comes against the backdrop of increasing friction between the executive and the judiciary on matters of governance.
Mogoeng appeals to business community for credible plan to save SA
Chief Justice Mogoeng Mogoeng says business needs to invest before it’s too late, and help deal with racism, land and exclusion.
Zuma appoints 15 High Court judges
Johannesburg – President Jacob Zuma appointed prominent advocate David Unterhalter SC and several others as judges in various High Courts in the country on Thursday.
Two judges each bound for Eastern Cape and Limpopo High Courts
THE Judicial Service Commission (JSC) wrapped up a week of interviews on Friday after appointing four judges to the Eastern Cape and Limpopo divisions of the High Court.
Apartheid-era magistrate has the JSC in stitches
“THE law is the law,” senior counsel Bantubonke Tokota said to the Judicial Service Commission (JSC) on Friday, justifying his having been an apartheid-era magistrate.