From left: President Cyril Ramaphosa. | Former president Jacob Zuma. | Chief Justice Raymond Zondo.
A letter accompanying Ramaphosa’s affidavit reveals that the majority of the JSC members felt Zondo should not be chosen to lead the judiciary, saying he “was found to lack the requisite administrative skills for a Chief Justice” despite having held previous leadership positions.Ramaphosa has defended his decision, calling Zuma’s case “fundamentally misconceived”.In September 2021, the President created an advisory panel to shortlist candidates for the Chief Justice vacancy.
The JSC is comprised of the Chief Justice, the President of the Supreme Court of Appeal , the Minister of Justice, a Judge President, two practising advocates, two practising attorneys, one law teacher, 10 members of Parliament chosen by the National Assembly and National Council of Provinces, and four people designated by the President after consulting with other political party leaders.
Petse also noted that Maya “performed exceedingly well during her interview and presented an excellent vision for the judiciary which the JSC considered to be thoughtful”.who has achieved the milestones that she had set for herself when she was interviewed by the JSC in 2017 for the position of President of the Supreme Court of Appeal.
“He did not fare well in the interview, as was to be expected from someone who has been the second most senior member of the Judiciary since 2017. Most of the members of the Commission considered that he had no vision for the judiciary to speak of. He said that at the time of the interviews, Zondo was the second most senior judge in the country. Ramaphosa adopted the view that the appointment would be a “natural succession from his then position and continuity of his leadership role”.
“The nominations panel has no constitutional or legislative status in section 174)3) of the Constitution. The members of the nominations panel are not empowered by the Constitution or any other statute to perform any of the functions that the President appointed them to perform,” Zuma said in his founding affidavit.In his affidavit, Ramaphosa said the panel was appointed in September 2021 and Zondo was appointed on 11 March 2022.
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