ATM notes the shortlist of eight candidates for ConCourt with mixed response
5 October 2021
The African Transformation Movement (ATM) holds the view that although the optics of the entire process look above board and transparent however at closer scrutiny it would appear that not all is well.
The ATM notes that indeed there is a varied mix of candidates some of whom have a demonstrable track record of showing courage, integrity, and commitment to the African values which South Africa desperately needs, whereas the same cannot be said about others.
Adv Busisiwe Mkhwebane as an example despite various attacks on her by her detractors she however continued to stand her ground firmly without fear or favour and has been holding members of the executive accountable including the Head of the State. She has shown that she can stand for justice even if it personally costs her financially including threats in her own life.
Justice Hlophe is another candidate who has been very consistent in bringing in African perspective to counterbalance the Roman Dutch Law which has juniorised our customary law. He has also been under severe attacks for not being part of the embedded narrative in the judiciary.
Some in the list include those with dubious judgments where even when the circumstances mirror each other but the ruling differs depending on who must decidedly lose the cases. Also, in the list are those who arguably have plunged the judiciary into a crisis by insisting to be player and referee in case where they are personally implicated and also abusing their positions to enrol cases where ordinarily such cases belong elsewhere.
The ATM is also very concerned that the utterances of Justice Mogoeng that he evaded a R600m capture were not investigated. It is now very murky whether other judges were also approached with such offers or not and if so, how they responded. The matter becomes even more complicated and suspicious at the back of the sealed CR17 Bank Statements coupled with allegations made at the State Capture Commission by a senior Secret Service Agency official that some judges were on irregular payroll.
Some of the candidates are still actively presiding over matters where the head of state who must make the appointment is implicated in wrongdoing. This is untenable.
Against this background the ATM is not hopeful that the outcome will inspire confidence despite all the dressing up.
To salvage the process and to bring in a beyond reproach outcome, the ATM is making the following recommendations.
The process must be temporarily halted, and the following overhaul must take precedence,
The CR17 Bank Statements must be unsealed. The utterances by Chief Justice Mogoeng must be investigated. All judges must be made to commit that they have never received any monies other than their regular salaries. Judges with dubious judgments and those who have effectively put the judiciary into a crisis must be expressly excluded.
The ATM is warning against fruits of a poisoned tree.
Issued by Sibusiso Mncwabe, National Spokesperson, Department of Media & Communications, 5 October 2021
