Consultation on the appointment of a judge to the Constitutional Court

5 Jul 2012

President Jacob Zuma has written to the Chief Justice and leaders of all political parties represented in the National Assembly to consult them on the appointment of a judge of the Constitutional Court, where a vacancy arose as a result of the discharge from active service of former Chief Justice Sandile Ngcobo.

In terms of section 174(4) of the Constitution of the Republic of South Africa, 1996 (The Constitution), the President as Head of the National Executive, after consulting the Chief Justice and the leaders of parties represented in the National Assembly, appoints other judges of the Constitutional Court, in accordance with the following procedure:

• The Judicial Service Commission(JSC) must prepare a list of nominees with three names more than the number of appointments to be made and submit the list to the President;
• The President may make appointments from the list, and must advise the JSC with reasons, if any of the nominees are unacceptable and any appointment remains to be made.

After following due process, the JSC submitted four candidates for the President's consideration as required in terms of section 174(4)(a) of the Constitution and the President is in the process of giving consideration to the candidates referred to him by the JSC.

The candidates are as follows:

• Judge Lebotsang Orphan Bosielo,
• Judge Robert Wolseley Nugent,
• Judge Raymond Mnyamezeli Mlungisi Zondo and
• Judge Mandisa Muriel Lindelwa Maya.

The President has requested that the Chief Justice and the leaders of political parties furnish him their views and comments for his consideration, by no later than 16 July 2012.

Statement issued by Mac Maharaj, The Presidency, July 5 2012

Click here to sign up to receive our free daily headline email newsletter