Constitutional Court interviews to be rerun after successful Casac challenge
In a major development regarding the selection of judges, the Judicial Service Commission has agreed to rerun interviews for the Constitutional Court judges, following a challenge from the Council for the Advancement of the SA Constitution .
Interview records showed that the commission had only deliberated on the shortlist of five candidates who were recommended by Chief Justice Mogoeng Mogoeng. On Friday, JSC members were asked for their legal opinions and there was consensus that the commission should appeal to Casac for a settlement – others were even willing to entertain the option that the interview process be restarted.
“The key to Casac’s argument is that the entire process was flawed and should be set aside,” said a source with close knowledge of the developments. The civil society group was also opposed to “the political questions” that commissioners such as EFF leader Julius Malema put to prospective candidates.Casac sought an order declaring the decision to shortlist five candidates to be invalid and set aside.
In the main, the complaints centred on the interviews of KwaZulu-Natal High Court Judge Dhaya Pillay – a friend of Public Enterprises Minister Pravin Gordhan – and Gauteng High Court Judge David Unterhalter, neither of whom made the JSC shortlist.
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