JOINT STATEMENT BY HELEN ZILLE, MVUME DANDALA AND PATRICIA DE LILLE, LEADERS OF THE DEMOCRATIC ALLIANCE, CONGRESS OF THE PEOPLE AND THE INDEPENDENT DEMOCRATS, AUGUST 18 2009
There is little doubt that President Zuma never intended to properly consult the leaders of opposition parties represented in the National Assembly, as envisioned by the Constitution.
On the 10th of August the leaders of the Democratic Alliance, the Congress of the People, the Inkatha Freedom Party and the Independent Democrats delivered a joint letter to the President outlining our objection to the process followed in his announcement of his preferred candidate for the office of Chief Justice.
The President did not consult the leaders of opposition parties before making the announcement, and when he did retroactively seek our consultation it was clear he did not intend for such consultation to bear any influence on his final decision. The Constitution of South Africa explicitly requires consultation. On this basis, we considered the process illegitimate, and asked the President to withdraw his earlier declaration that he had "appointed" Justice Sandile Ngcobo, and reconstitute the process, this time consulting leaders of opposition parties in a meaningful manner.
We have, as yet, received no response to our joint letter.
As we considered the process illegitimate, we delivered no comment to the Presidency on the merits or demerits of Justice Ngcobo, nor did we nominate any alternate candidate. To do so would have been to participate in a process which we considered to be unsatisfactory and constitutionally invalid.