OPINIONISTA: Let’s have complete transparency in the nomination process and avoid the prospect of a captured chief justice

– Western Cape Judge President John Hlophe; Justice Mbuyiseli Madlanga; Justice Mandisa Maya; Dr Wallace Amos Mgoqi; Advocate Busisiwe Mkhwebane; Gauteng Judge President Dunstan Mlambo; Advocate Alan Nelson, SC; and Deputy Chief Justice Raymond Zondo – we are in for a treat in weeks to come.

Before I get to discussing the appointment criteria, I must comment on the fact that the deadline for submission of objections and comments about the published list of nominees is 15 October 2021. The problem in my view, with this condition, is that the public is not enabled to properly make objections, if any. To start with, the presidential website fails to provide a list of organisations or persons who nominated these candidates.

Back to the criteria in clause 5 of the ToR: sadly, not many people, when making their objections, will know how to align them to the question of the candidate not satisfying a particular criterion or not.

The case in point is Chief Justice Roger B Taney who was extremely partisan and pro-slavery, and yet did ascend to the throne of chief justice despite him being averse to the rights of black people as human beings in the greatest democracy in the world.

Whatever the list that goes to the President, one can only hope that such a list from the panel will be representative of the expertise and ability of those shortlisted to ascend to the throne of the next chief justice. The list should also be made up of candidates who are not too intemperate and too extreme to be the chief justice of a country that has plastered over the cracks of the apartheid period.

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