"Constitutional Court nominees: DA response"
The Democratic Alliance has replied to the President's request for comment on his list of nominees for the Constitutional Court bench.
The DA believes that the process of selecting judges to the Constitutional Court should be based on clear criteria and be open to public scrutiny.
The DA has serious doubts and questions about the current process of nominating judges through a compromised Judicial Service Commission that clearly does not work on the basis of identifiable criteria.
The JSC interviews of the past months have been marred by racist rhetoric and incomprehensible lines of questioning. Having said that, the DA commented as follows to President Zuma's final nomination of four:
We were able to support Judges Johan Froneman, Chris Jafta and Sisi Khampepe on the basis that they were fit for the purpose of serving on the highest court in South Africa.
The Democratic Alliance requested that the President reconsider his nomination of Judge President Mogoeng. Judge President Mogoeng admitted his lack of relevant constitutional law experience when he was interviewed by the JSC. A review of his record on the bench reveals that in the case of State vs Dube, he failed to recuse himself even though his wife was the prosecutor in the case. He saw no conflict of interest in this matter.
We requested that the President consider replacing Judge Mogoeng with Judge Leona Sarjoo. She was the only other candidate to be unanimously supported by the JSC, and her record as an experienced jurist makes her well suited to the highest court.
Of further concern is that some excellent candidates were excluded from the shortlist altogether. This merely underscores the need for clear criteria in the nomination process, which was lacking on this occasion. If the JSC wants to restore its credibility, it must start by developing valid criteria and applying them properly, or else good candidates will refrain from applying for judicial vacancies in the future.
Statement issued by Democratic Alliance leader, Helen Zille, October 5 2009
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