South Africa’s new chief justice: why the wheels came off the appointment process
that the stakes were high. In the intervening period several events have taken place that have further exacerbated tensions. One manifestation was the grossly unfair, and at times deplorable, nature of the public interviews for the position. The unfolding drama also underscored weaknesses that had been crying out to be fixed.
I argue that at least eight forces have played a significant role in bringing South Africa to this low point. Four relate to developments in the country. Four to the process of appointing the Chief Justice, in particular the composition of and role played by the Judicial Service Commission.The country’s superior courts and specific judges have come in for concerted attack over the past 12 months.
Their political prominence has increased because disputes aren’t being resolved through political processes. Judges have done what the Constitution requires of them. But party politicians have resented being shown to have acted unlawfully. Many have
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