By Lehlohonolo Lehana.
KwaZulu-Natal Judge, Mahendra Ramasamy Chetty , on Monday, assured members of the Judicial Service Commission (JSC) that he is committed to discharging his duties in an impartial manner.
Chetty is part of a group of judges, including local judges from Durban and Pietermaritzburg, shortlisted for key judicial positions. These include the Supreme Court of Appeal, the Land Court, the Labour Appeal Court, and the Pietermaritzburg High Court.
The interviews, which started on Monday in Johannesburg, will continue until October 16. Among the candidates is Pietermaritzburg-born Judge Piet Koen.
Durban-born Judge Chetty studied law at the University of Durban-Westville (now UKZN), where he served as president of the Law Student Council in 1985. He was appointed a judge in 2014.
In the trademark case, Judge Chetty ruled that there was no confusion between the logos of the ANC and the MK Party. His judgment stated: “There is no confusion that will confront voters in the voting booth when viewing the symbols of the ANC and MKP.”
It has not been established that the marks resemble each other closely enough to cause deception or confusion among voters.
He also noted that the ANC had chosen the wrong forum to assert its rights, as the matter fell within the electoral sphere and political rights. The application was dismissed.
Chetty, who has been on the bench in KwaZulu-Natal for 10 years and has a strong public-interest litigation background, having headed up the Legal Resources Centre in Durban, is one of the candidates who will be interviewed by the commission for 21 judicial vacancies.
The interviews are being conducted in the absence of the sole MK party representative, impeached judge John Hlophe, after the Western Cape High Court granted an interdict stopping his participation until the outcome of a review of parliament’s decision to nominate him to the body.
This weekend Johannesburg high court judge Stuart Wilson refused an application by the MK Party for the hearings to be postponed until the outcome of that review.
The JSC is interviewing 54 candidates for 26 judicial vacancies, including the position of Western Cape judge president, previously held by Hlophe before his impeachment.