The Mercury
Former KwaZulu-Natal Judge President Vuka Tshabalala has strongly backed transformation of the judiciary, saying preference must go to women or previously disadvantaged people. Photo: Gcina Ndwalane
Durban – Former KwaZulu-Natal Judge President Vuka Tshabalala has strongly backed transformation of the judiciary, saying preference must go to women or previously disadvantaged people.
Also weighing in on the heated debate on Wednesday was former Constitutional Court Justice Johan Kriegler, who said criticism levelled against the Judicial Service Commission in the light of the raging debate over the appointment of judges was valid.
Judge Tshabalala said that, if the transformation principle had not been applied, he would not have become judge president.
“The constitution is clear: if there are women and people from previously disadvantaged backgrounds and they qualify for the post, they should be given preference. Even when I applied, there were other candidates with more experience, but I was appointed.
“In my opinion, the division ran smoothly under my watch, so I have to agree with what the majority of the JSC is saying.”
The debate was sparked when JSC commissioner advocate Izak Smuts resigned from his position after releasing a discussion document he had drafted.
He said there was a “very real perception in certain quarters” that the JSC was set against appointing white men, except in exceptional circumstances, and he called on the commission to “come clean” about it.
Chief Justice Mogoeng Mogoeng defended the JSC and said there was no “reverse racism”.
Black Lawyers Association president Busani Mabunda said the organisation was against the notion that “merit trumps the constitution”. The principle (in the constitution) which states that the judiciary should “reflect the racial and gender composition of SA” could not be ignored, he said.
Justice
Kriegler said he was extremely worried about the performance of the JSC during the interviews it held with candidates for the Supreme Court of Appeal last week. There appeared to be a clear bias in how the different candidates were treated, and he cited the resignation of Smuts as a “disturbing state of affairs”.
Justice
Kriegler said he found it unfair that a candidate who had acted at the Supreme Court of Appeal, was well respected by his colleagues and was in all respects a qualified and proper candidate for the position was treated harshly compared with his less experienced peers.
“The next two people who are less qualified are not asked even one question about their position in regard to constitutional law, separation of powers, gender rights and all other major issues.”
Justice Kriegler was seemingly referring to the interview of Eastern Cape High Court Judge Clive Plasket.
The Mercury
