The Judicial Service Commission (JSC) has concluded interviews of Judges to fill a vacancy in the Constitutional Court

On 09 June 2012, the Judicial Service Commission (JSC) conducted interviews at the Southern Sun, OR Tambo International Airport for the vacant judge's position in the Constitutional Court which arose following the discharge from active service of former Chief Justice Ngcobo.

Section 174 of the Constitution provides that the President, as head of the National Executive, appoint judges of the Constitutional Court after consulting the Chief Justice and the leaders of the parties represented in the National Assembly, from a list of nominees prepared by the JSC.

Such a list must comprise three names more than the number of candidates to be made. In view of the fact that there is a single vacancy in the Constitutional Court, the JSC is required to submit a list of four names to the President to be considered for appointment.

The JSC interviewed four candidates for the single vacancy in the Constitutional Court, namely Judges Lebotsang Bosielo, Mandisa Maya, Robert Nugent, (all of the Supreme Court of Appeal), as well as Judge Raymond Zondo of the North and South Gauteng High Court.

Following the interviews, the JSC decided that the list to be submitted to the President, as required by the Constitution, should comprise of the names of all the four candidates interviewed by the JSC on 09 June 2012.

The Chief Justice of the Republic of South Africa, Justice Mogoeng met with the President of the Republic of South Africa, Mr J G Zuma on Monday, 11 June 2012 and presented the names of Judges Bosielo, Maya, Nugent and Zondo to be considered by President for possible appointment to the Constitutional Court.

According to the Constitution, the President may make an appointment from the list, and must advise the JSC, with reasons, if any of the names are unacceptable to him.

Statement issued by Adv Ntsebeza SC and Mr CP Fourie, Judicial Service Commission, June 13 2012

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