By common cause and the valuable attention given to its recent proceedings, the best juristically qualified candidate, Judge David Unterhalter, was not nominated by the Judicial Service Commission for appointment as a judge on the Constitutional Court. He was condemned by his history, as would be any aspirant to an important role in government who was not black and had grown up in the old SA, advantaged by his education and opportunities that were privileged and determined by race and politics.

Given these historical advantages would it be unfair to suggest that were Unterhalter to be appointed to the Constitutional Court and, as likely, performed exceptionally well on the court, such achievements would make his colleagues or potential colleagues who had not enjoyed his advantages, uncomfortable enough to resent him for this? Enough resentment to rather keep him out and to deny the country his potential services? Though there was many a competing jurist from a similarly privil...

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