Clarity on comments relating to the nomination of Deputy Chief Justice

7 Mar 2017

The Presidency has noted the comments of the Leader of the Economic Freedom Fighters relating to the nomination of the Deputy Chief Justice and in particular the complaints that the President has not nominated the Acting Deputy Chief Justice, Madam Justice Bess Nkabinde to fill the vacancy of Deputy Chief Justice of the Republic.

It should be noted that according to Section 176 of the Constitution, Constitutional Court judges hold office for a non-renewable term of 12 years. The Acting Deputy Chief Justice will be discharged from active service on 31 December 2017 after serving a non-renewable term of 12 years at the Constitutional Court.

She has already served 18 years as a Judge and it is mandatory that she retires on the completion of the 12 year term at the Constitutional Court.

The President does not have powers to extend the term of a Constitutional Court judge once she/he has served a full term.

The President holds the Acting Deputy Chief Justice in very high regard and appreciates the fact that the EFF has thought of her as worthy of nomination.

Statement issued by Dr Bongani Ngqulunga, The Presidency, 7 March 2017