Constitutional Court of South Africa

POLITICAL MACHINATIONS AND THE INDEPENDENCE OF THE JUDICIARY – A REJOINDER TO THEMBA LANGA

Senior Attorney Themba Langa opens his article in Sowetan of 23 August published under the headline, “Judicial independence is not equal to supremacy over state” by writing that “the storm surrounding the nomination of Justice Mogoeng Mogoeng as President Jacob Zuma’s preferred candidate to be the next chief justice symbolises the destruction of the crucial cornerstone of our democracy – the judiciary”.

I would argue, and so would many other South Africans, that it is Zuma’s flouting of the constitution and the silly appointments he makes that symbolises the destruction of the judiciary. The President, after consulting the Judicial Service Commission and the leaders of parties represented in the National Assembly, appoints the Chief Justice. President Zuma came up with the name of Justice Mogoeng Mogoeng before consulting the JSC and leaders of all political parties represented in Parliament

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