Written by: Pearl Kupe
Article source: Supplied

The Chief Justice role and function in South Africa

The term of the incumbent Chief Justice Mogoeng Mogoeng is coming to an end. Chief Justice Mogoeng Mogoeng is the fourth Chief Justice of the Republic of South Africa since independence in 1994. He has been on long leave since May and his term ends officially on October 11,2021.

The role of the new Chief Justice of a central role. The Chief Justice of South Africa is the most senior judge of the Constitutional Court. The constitutional Court is the highest court in the land and therefore has the final say with regards to the development of legislation.

The Chief Justice also functions as the head of the judiciary of South Africa and is the final authority with regard to the functioning and management of all courts.

The Chief Justice is also the chairperson of the Judicial Service Commission (JSC). The JSC is the body that recommends the appointment of judges, with the Chief Justice chairing the interviews of candidates. The Chief Justice is also responsible for compiling the Judicial Code of conduct. This is essentially a code which sets the required standard for Judges.

We can see from the above, that the position of Chief Justice is not only a critical one, but is also one requiring a person of integrity and honesty. The selection of the right individual is key for the proper functioning of the constitutional democracy of South Africa.

Selection of the new Chief Justice is currently under way
The selection of the new Chief Justice has already started. The process began on the 16 September 2021 with President Cyril Ramaphosa calling on the citizens of South Africa to nominate suitably qualified candidates for this position. The procedure being followed by the Presidency is meant to ensure public participation and transparency and is line with progressive democratic principles.

The submission process for the nomination of candidates for the position of Chief Justice closed at midnight on 01 October 2021

Eight candidates have since been shortlisted and the biographies of the candidates have been placed on website www.thepresidency.gov.za for inspection by the public

The shortlisted candidates are in alphabetical order:

  • Judge President John Hlophe.
  • Justice Mbuyiseli Madlanga.
  • Justice Mandisa Maya.
  • Dr Wallace Amos Mgoqi.
  • Busisiwe Mkhwebane.
  • Judge President Dunstan Mlambo.
  • Alan Nelson, SC.
  • Deputy Chief Justice Raymond Zondo.

It is imperative that the public take part in deciding who their next Chief Justice is. Active citizens must play a role in deciding who their leaders are. We cannot complain about our leaders if we do not take play an active role in their selection. Selection must not only be based on having the necessary legal qualifications and skill but must also be based on character, values and ethical behaviour. All South Africans are invited to submit in writing any objections they may have regarding the nominees for the Chief Justice position.

Please log onto the following link to make input regarding the next Chief Justice. https://pmg.org.za/call-for-comment/1104/

Input can be submitted to angeline@presidency.gov.za and OSewpaul@justice.gov.za until 17:00 on Friday, 15 October 2021.

#KeNako South Africa #AReYeng #TakingResponsibility

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Date published: 08/10/2021
Feature image: Image for illustrative purposes only. unsplash.com
Pearl Kupe-Attorney & International consultant to world leaders & International organizations is International President-Global Forum for Women Entrepreneurs- www.gfwe.co.za . Personal website on www.Pearlkupe.co.za Email pearl.kupe@gmail.com 

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