President Cyril Ramaphosa has a tough decision to make: Choose two candidates from a list of five qualified nominees to fill two vacancies on the Bench of the Constitutional Court.
Constitutional Court justices are permitted to serve up to 12 years on the Bench or until they reach the age of 70. While the Constitution does not permit discrimination on the basis of age, the length of the appointment was raised with the older candidates, in particular Judge Kollapen, who is almost 62 years old and, if appointed, would not be permitted to serve for the full period.
The main point emphasised by Goliath in her interview was her 15 years of experience as an attorney, 14 of which were at her own firm. She also has a strong background in criminal law, having presided over several high-profile cases – including that of Anene Booysen, a teenager in Bredasdorp who was raped and murdered.
One of Kollapen’s noteworthy cases was a 2016 majority judgment he wrote for the high court in an AfriForum case around the use of Afrikaans as the main language at the University of Pretoria. After the issue of racial divisions at the Supreme Court of Appeals was raised by acting Supreme Court of Appeals president Mandisa Maya during 2017 interviews, it became a discussion point for all interviews conducted thereafter. Majiedt, who interviewed for a Constitutional Court vacancy in 2017, discussed tensions he had experienced.
As part of the comments submitted on her application, the General Council of the Bar of South Africa noted that Tshiqi had been involved in 216 cases and concurred in 85% of cases and written in 18% of judgments. The comment further noted that this showed a relatively small number of judgments and did not indicate expertise in any particular area of law.
After the rest of the Commission had asked their questions, Chief Justice Mogoeng Mogoeng raised concerns about Kathree-Setiloane’s ability to work with others. He noted that there had been two separate instances where her conduct in the court had been brought to his attention.How you treat anybody points to your mindset on the rights people are entitled to enjoy,” said Mogoeng. “Everyone deserves respect and courtesy, it is within those parameters that these issues need to be discussed.
Good day. The author states that there are 2 “colored” current sitting judges on the bench. I am only aware of justice Theron who fits this description. Please, as a matter of geniune interest, could you kindly furnish me with the name of the other “colored” judge?
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