Politically fraught JSC interviews may face legal challenge - President Cyril Ramaphosa is not bound by the recommendation put forth on Saturday by the JSC for the new chief justice
The think-tank said the interviews, which descended into political ambush, saw the JSC abuse its powers and that it was taking legal advice on launching a review.
What transpired last year after the JSC reluctantly agreed to repeat interviews with candidates for the Constitutional Court conducted in April six months later, showed that a review may have little practical impact. The JSC agreed to a rerun of the last year’s interviews under legal duress from the Council for the Advancement of the South African Constitution ., Constitutional Court Justice Mbuyiseli Madlanga and Gauteng Judge President Dunstan Mlambo would be distinct from Casac’s challenge, according to Alison Tilley, the co-ordinator of Judges Matter, in that this time the recommendation was not binding on Ramaphosa.
“It wasn’t clear to the commissioners what their mandate was and there was extensive debate behind closed doors during the deliberations as to what it was,” one source said. The Helen Suzman Foundation and others have expressed alarm at Mlambo’s two-hour grilling on unsubstantiated allegations of sexual harassment.
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