By Lehlohonolo Lehana.
The Judicial Service Commission (JSC) interviewed candidates for the positions in the KwaZulu-Natal Division of the High Court.
These included a vacancy for the Deputy Judge President, as well as six other judicial vacancies.
Judge Nkosinathi Chili was interviewed for Deputy Judge President of the KwaZulu-Natal Division of the High Court. He was asked to explain his process of dealing with a potential sexual harassment case and the two high-profile judgments.
“I will call the person who is alleged to have sexually harassed you. I will inquire and conduct a mini-investigation. If I see fit, then I’m going to suggest that the person be suspended pending the finalisation of the investigation,” Judge Chili said.
Do you accept that sexual harassment is a misconduct which is reportable to the JSC?” asked the JSC’s Mvuso Notyesi.
“Yes,” responded Judge Chili.
Bonginkosi Khanyile was arrested in September of that year on charges including public violence, illegal gathering and obstructing traffic for his involvement in the Fees Must Fall protests.
He was refused bail by the Durban Magistrate’s Court and later, the Pietermaritzburg High Court, where Judge Chili presided over the matter. The Supreme Court of Appeal also rejected his bid for freedom.
The matter went all the way to the Constitutional Court, where Khanyile was represented by Advocate Tembeka Ngcukaitobi.
The apex court granted him bail of R250 in March 2017 after he had spent almost six months in prison.
In his application for the job, Judge Chili listed the case as one of his significant judgments – an inclusion Advocate Ngcukaitobi sought clarity on.
“Why did you put it up as one of your important judgments? What is the principle of law that it developed which didn’t exist before? There was no principle as far as I remember. I argued that case,” asked Advocate Ngcukaitobi.
“It didn’t develop any point of law, I accept that. But I put it up as one of the matters that were taken up on appeal unsuccessfully,” responded Judge Chili.
In August, Judge Chili dismissed Jacob Zuma’s application to have state prosecutor Billy Downer removed from his corruption case over alleged bias. The former president accused Downer of leaking his medical records to journalist Karyn Maughan.
At the time, Judge Chili did not provide reasons for his decision and said he would share them in his final judgment at the end of the trial.
He then decided to postpone the matter to the following month, after agreeing to provide reasons for his decision.
His decision was questioned during his interview on Wednesday.
“I was not understanding your ruling recently in S vs Zuma, where you first decided that you were not going to give written reasons for a decision not to recuse Downer, and then you changed your ruling and postponed the case to give reasons,” said Advocate Ngcukaitobi.
“I have to tread carefully because the matter is sub-judice. I had my reasons, which I don’t think will be appropriate for me to say now,” responded Judge Chili.
Meanwhile judge Philip Nkosi has been recommended by the JSC to take up the role as deputy judge president in the province.
Judge Nkosi agreed with judge president Thoba Poyo-Dlwati that the division had a backlog when it came to criminal court cases — something the judge president had said in a previous interview was one of two matters “that worry me in the division”.