This is how President Zuma should consult on Concourt appointments
On 9th of June, the Judicial Service Commission (JSC) sat to interview 4 candidates to fill the Constitutional Court vacancy left by the retirement of former Chief Justice, Sandile Ngcobo. All four candidates were found to be potentially suitable and their names forwarded to the President for consideration.
As yet, we have received no communication from the President's office initiating the constitutionally required consultation process with leaders of opposition parties about the appointment of the new judge.
According to the Constitution the President must, "as head of the national executive, after consulting the Chief Justice and the leaders of parties represented in the National Assembly" make the appointment.
I have today written to President Zuma to re-state that the Constitution requires proper and meaningful consultation before he decides on an appointment.
In the past, the President has ‘consulted' at the very last moment, as a formality, when his mind was clearly already made up. He has always sought consultation only on his preferred candidate, which has suggested that his mind has not been open to the possibility of changing his appointment based on the consultation process. This meant that the leaders of opposition parties did not have fair chance to respond or engage with the President about his choice.