JOHANNESBURG - Below is a table comparing the current composition of the Judicial Service Commission with that of October 2008. A 23 person JSC will be vetting nominees for the Constitutional Court. 12 of these are now either appointees of Jacob Zuma or ANC politicians. The ruling party is likely to have an effective majority on the commission - and the power to force through its preferred candidates should it choose to do so.
Notably, for the first time there is no opposition representative from the National Council of Provinces on the JSC. After the April 22 elections the Democratic Alliance's Darryl Worth took over the position formerly occupied by Frik van Heerden of the Freedom Front Plus. But he was recently bumped off to make way for an ANC MP.
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Changing composition of the Judicial Service Commission 2008-2009 |
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Position |
Motlanthe presidency (Oct 2008) |
Zuma presidency (current) |
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a |
The Chief Justice |
Pius Langa |
Pius Langa (outgoing) |
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b |
President of the Supreme Court of Appeal |
Lex Mpathi |
Lex Mpathi |
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c |
one Judge President designated by the Judges President |
Ngoepe JP |
Ngoepe JP |
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d |
the Cabinet member responsible for the administration of justice, or an alternate designated by that Cabinet member; |
Enver Surty (ANC) |
Jeff Radebe (ANC) |
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e |
two practising advocates nominated from within the advocates' profession to represent the profession as a whole, and appointed by the President |
Milton Seligson SC (GCB) |
Milton Seligson SC (GCB) |
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Marumo Moerane SC (NADEL) |
Marumo Moerane SC (NADEL) |
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f |
two practising attorneys nominated from within the attorneys' profession to represent the profession as a whole, and appointed by the President; |
Julian von Klemperer (LSSA) |
Julian von Klemperer (LSSA) |
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Mvuseni Ngubane (BLA) |
Mvuseni Ngubane (BLA) |
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g |
one teacher of law designated by teachers of law at South African universities |
Professor Johan Neethling |
Professor Johan Neethling |
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h |
six persons designated by the National Assembly from among its members, at least three of whom must be members of opposition parties represented in the Assembly |
Minister Lindiwe Hendriks (ANC) |
Cecil Burgess (ANC) |
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Adv TM Masutha (ANC) |
Fatima Chohan (ANC) |
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JB Sibanyoni (ANC) |
Ngoako Ramatlhodi (ANC) |
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Mrs Sheila Camerer (DA) |
Hendrik Schmidt (DA) |
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Koos van der Merwe (IFP) |
Koos van der Merwe (IFP) |
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Corne Mulder (FF+) |
Patricia de Lille (ID) |
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i |
four permanent delegates to the National Council of Provinces designated together by the Council with a supporting vote of at least six provinces |
Mr Mahlangu (ANC) |
Mr Mahlangu (ANC) |
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Mr ML Mokoena |
Ms Mabe (ANC) |
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Mr TS Setona (ANC) |
Mr Mashamaite (ANC) |
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Frik van Heerden (FF+) |
Ms Boroto (ANC) |
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j |
four persons designated by the President as head of the national executive, after consulting the leaders of all the parties in the National Assembly; and |
Adv. George Bizos SC |
Adv. Ismail Semenya SC |
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Adv. Kgomotso Moroka SC |
Adv. Dumisa Ntsebeza SC |
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Mr. John Erntezen |
Ms. Andiswa Ndoni (BLA) |
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Adv. Seth Nthai |
Adv. Vas Soni SC |
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k |
when considering matters relating to a specific High Court, the Judge President of that Court and the Premier of the province concerned, or an alternate designated by each of them. |
Various |
Various |
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Various |
Various |
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