CASAC AND CALS LAUNCH COURT APPLICATION TO CHALLENGE EXTENSION OF TERM OF CHIEF JUSTICE
CASAC together with the Centre for Applied Legal Studies (CALS) at the University of the Witwatersrand, Johannesburg have today launched an application challenging the constitutionality, validity and legality of President Zuma's decision to request Chief Justice Sandile Ngcobo to continue to perform active service as Chief Justice for a further period of five years. We will seek a hearing in the North Gauteng High Court on 19 July 2011.
In the Founding Affidavit, the applicants state that they "do not wish in any way to impugn the integrity or ability of the Chief Justice.... (and that) a constitutional principle of fundamental importance is at stake." They also raise concerns about the damage that will be done to the administration of justice if uncertainty over the legality of the extension of the Chief Justice's term is not resolved quickly.
The current term of office of Chief Justice Ngcobo will expire on 15 August 2011 after a 12 year stint as a Constitutional Court judge. However President Zuma announced on 3 June 2011 that he had decided to extend the term of the Chief Justice for a period of five years, from 16 August 2011 to 15 August 2016. The extension was done in terms of section 8(a) of the Judges Remuneration and Conditions of Employment Act, 2001. In this statement from the Presidency it was noted that the President had merely informed the political parties as well as the Judicial Services Committee of his decision; it did not claim that he had consulted them.
However, section 176(1) of the Constitution provides that:
"A Constitutional Court judge holds office for a non-renewable term of 12 years, or until he or she attains the age of 70, whichever occurs first, except where an Act of Parliament extends the term of office of a Constitutional Court judge."