LETTER: Farcical JSC episode

So another farcical episode at the Judicial Service Commission (JSC), with Julius Malema barking at David Unterhalter “it’s the morality of it”, to which instead of his polite response, a more robust “have you never made a ‘minor error’ such as being associated with the proceeds of the VBS Mutual Bank plunder?” may have been more apt.

And now it is reported that only one vacancy at the Constitutional Court can be filled because with Unterhalter left out the JSC has only recommended four names, instead of three more than the existing two vacancies.

But this is a misreading of section 174(4)(a), which reads: “The Judicial Service Commission 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”.

So the JSC was obliged to forward all five names despite the Malema agenda to torpedo Unterhalter.

Sydney Kaye
Cape Town

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