Zuma takes first steps to ‘capture’ South Africa’s judiciary: report
President Jacob Zuma has confirmed that he plans to replace three members of the Judicial Service Commission (JSC) – days before the commission is expected to interview potential candidates.
The JSC is responsible, in part, for interviewing all candidates for judicial posts across the country and makes recommendations for appointments to the president. It also deals with all complaints brought against judges.
According to S178(1) (j) of the Constitution, the president is allowed to designate four members of the JSC after consulting with party leaders represented in the National Assembly, spokesperson Bongani Ngqulunga said in a statement.
“The new members will fill the three vacancies occasioned by the president’s decision to replace members that he had previously designated to the JSC,” Ngqulunga said.
Changes
According to independent reports by the City Press and News24, Zuma is considering designating Advocate Thandi Norman, Sifiso Msomi and Advocate Thabani Masuku as replacements.
They will be replacing widely-respected members Dumisa Ntsebeza SC, Ishmael Semenya SC, and Andiswa Ndoni. While the new candidates are not complete unknowns, they are not of the level of seniority one would usually expect of presidential designates to the body, noted legal analysts.
City Press also indicated that the changes were made after outgoing judges, Ntsebeza and Semenya, both took on briefs that could be regarded as contrary to Zuma’s interests.
However, Deputy Justice Minister John Jeffery has indicated that the changes did not mean that the judiciary was under attack. Speaking in a SABC interview on 25 March, Jeffrey noted that the ANC has called for an activist judiciary in its Mangaung policy document. He says the party would not have done that if it wanted to clip the wings of the judiciary.
“I’m being defensive on the question of whether the judiciary is under threat as the people who are presenting that argument are doing so to undermine the government – the ANC government. They’re creating a bogey that isn’t there.”
Capture
The ANC came under heavy criticism in early March after it released its discussion document on “peace and stability”, which would “radically transform” South Africa’s current legal architecture.
“The ANC, through its deployees in the JSC, must influence the review of appointment criteria used by the JSC and ensure intense scrutiny and evaluation of candidates for judicial office.”
“This must be accompanied by the radical transformation of the legal architecture that will promote progressive jurisprudence and the change of attitudes and mindset in the interpretation and application of the law.”
The discussion document subsequently came under scrutiny from the EFF’s Julius Malema (who currently sits on the judicial service commission) who said that he would not allow the changes to happen.
Read: The ANC’s plan to “capture” South Africa’s judiciary: report
Loading ...