By Lehlohonolo Lehana.
The Ministry of Justice has hit back at the Economic Freedom Fighters (EFF)by releasing its statement after the Red Berrets said it noted “the shocking, unethical and deplorable revelations” at the Judicial Services Commission interviews.
The EFF said in a statement that it welcomes these revelations as evidence of judicial manipulation by the ANC government. Minister Ronald Lamola specifically singled out Judge Dustan Mlambo to be appointed so that he gains experience of the Constitutional Court. Without this experience, Mlambo would have arrived at the JSC interviews for Chief Justice without ever having acted in the Constitutional Court.
“Therefore, Lamola insisted on him so as to make him a viable and legitimate choice in the race for the head of the Constitutional Court. Judge Mlambo clearly comes with a Lamola anointing on his head,” the statement read.
The party then went ahead and called for Lamola’s removal from the Cabinet.
The EFF said it will also consider reporting both President Ronald Ramaphosa and Lamola to the police, Scopa (the National Assembly’s Standing Committee on Public Accounts) and the Public Protector.”
The justice ministry’s spokesperson, Chrispin Phiri, said it noted what appeared to be a “deliberate distortion” of the appointment process for acting judges of the Constitutional Court.
The ministry cited Section 175 (1) of the Constitution that states:
“The President may appoint a woman or a man to serve as an acting Deputy Chief Justice or judge of the Constitutional Court if there is a vacancy in any of those offices, or if the person holding such an office is absent. The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice, acting with the concurrence of the Chief Justice.
“To suggest that this process, as prescribed by the Constitution, is judicial capture or manipulation is disingenuous at best. The minister is constitutionally obliged to recommend an acting appointment with the concurrence of the Chief Justice. It follows that communication between the minister, (Acting) Chief Justice, or a Judge President, as the case may be, to facilitate this process is not unethical or a desire to fulfil a conspiracy, but rather it is an inevitable outcome of a constitutional obligation,” Phiri said.
He added that the insinuation that Lamola sought to enhance the appointment-ability of a Chief Justice candidate by suggesting that the candidate be appointed to act in a vacancy in the Constitutional Court “is designed not only to malign the minister, but also to undermine confidence in the judiciary”.
“The conspiracy is not borne out by the facts, or the law. It is for this reason that the minister did not hesitate to share all the relevant letters with the Judicial Service Commissioners. The process to appoint acting justices for the Constitutional Court occurred well before the president nominated Chief Justice candidates,” Phiri said.
Meanwhile Rhodes University Law professor Helen Kruuse wrote to the committee, calling interviews to be redone.
“I’m particularly concerned with the sexist nature of the questions posed to president Mandisa Maya and the unsubstantiated questions posed to Judge President Dustan Mlambo,” JSC chair Xola Petse read from Kruuse ‘s letter.
“Whilst I believe the sexual harassment questions were struck from the record, I believe that the damage has already been done.
“Given these questions that I believe to be unfair, I would ask that the chair consider starting the proceedings afresh with an admonishing that commissioners treat candidates fairly and/ or implicated commissioners are to step down.
“Should the current proceedings be allowed to continue, the commission’s work could be set aside by a court of law on application by concerned parties,” the letter ended.
It’s unclear if there are plans to escalate the matter further.
The JSC is currently deliberating on the four candidates before making a recommendation to Ramaphosa who will make the final decision.