It is a measure of how inured we have become to the constraints on public discourse that almost nothing has been said of the treatment of advocate David Unterhalter at the Judicial Service Commission’s hearings for appointments to the Constitutional Court and Supreme Court of Appeal (SCA).

There would be little doubt in legal circles that Unterhalter’s presence on the Constitutional Court would add immeasurably to the expertise so essential to its continued performance as a legally sound, transformative force for good in our country. However, harried from all sides for his past membership of the Jewish Board of Deputies — an organisation that plays a big role in the Jewish community in SA — Unterhalter was denied his rightful place at the apex court...

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