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1 year ago
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Freedom Under Law says JSC failure to fill crucial Supreme Court of Appeal positions could discourage lawyers from applying for judgeships after Judge David Unterhalter was snubbed.
- Freedom Under Law says lawyers may be discouraged from applying for judgeships.
- This after the Judicial Service Commission failed to fill all vacant positions in the Supreme Court of Appeal.
- It also expressed disappointment in the exclusion of David Unterhalter.
Failure by the Judicial Service Commission (JSC) to fill vacant positions in the Supreme Court of Appeal (SCA) will discourage lawyers from applying for judgeships, says Freedom Under Law (FUL).
FUL responded to Thursday's deliberations and recommendations of two candidates to the SCA and the snubbing of internationally renowned Judge David Unterhalter.
The JSC recommended Judges Fayeeza Kathree-Setiloane and Maleshane Kgoele to the second highest court, which would fill two of the four vacant positions.
This, said FUL, was unfortunate, considering the high calibre of candidates excluded by the commission.
READ | JSC praises Unterhalter's competence, but snubs him again - as Malema trumpets his 'results'
FUL's chairperson, Judge Azhar Cachalia, said it was difficult not to consider the possibility that reasons outside of the requirements for the SCA posts influenced the recommendations and exclusions of capable candidates.
He said:
Based on the public interview, no circumstances emerged to justify a conclusion that he was not appropriately qualified or fit and proper for appointment. Indeed, commissioners specifically commended him for his technical competence and diligence. It is difficult to conclude other than that irrelevant, extraneous or improper reasons were at play in the JSC's decision not to recommend an outstanding candidate like Judge Unterhalter for appointment.
News24 reported that Unterhalter, a former counsel of President Cyril Ramaphosa, might have been a political target due to his role in blocking a Russia/South Africa nuclear deal.
Cachalia said the JSC's application of its own criteria for ideal candidates, and the exclusion of capable ones, raised questions about how it applied its criteria.
The JSC's criteria and guidelines include the requirement that a candidate "must be a competent and experienced person, and must be technically competent and have the capacity to give expression to the values of the Constitution".
Cachalia said this applied, with particular force, to the appointment of candidates to the appellate courts.
"Given its refusal to fill two of the four vacancies on the SCA, questions must be raised about how the JSC is applying these criteria."
