Top read this week | Mogoeng Mogoeng quizzes judges on land, inequality and ‘capture of the judiciary’
Branding judges as “well or highly respected” and singing their praises when they did nothing to deserve it could be a form of “capture” of the judiciary, Chief Justice Mogoeng Mogoeng said on Wednesday.
The top court has 11 permanent members on the bench, but the positions left vacant by the promotion of deputy chief justice Raymond Zondo in March 2017, and the retirement of justice Bess Nkabinde in 2018, have not yet been filled. The commissioners posed questions to the candidates on the rampant inequality in SA, transformation of the judiciary, the question of land — in which a constitutional amendment is looming — as well as the space occupied by customary law, concerns about the amount of commercial experience on the bench and what was described as the almost “untouchable” nature of common law in SA.
Kollapen, who has been a full-time judge since 2011 and is a former chair of the SA Human Rights Commission, said he believed judges could be subject to capture, as to think otherwise would suggest that judges would have “superhuman” qualities which make them immune to it.
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