CHIEF Justice Sandile Ngcobo's decision to turn down the extension of his term as head of the Constitutional Court has thrown a mini-crisis into both the political and legal works.

It has also opened a debate about who among the country's legal minds should succeed him.

Last month President Jacob Zuma extended Ngcobo's term of office.

If the opinions of some of the country's political commentators are anything to go by, South Africa already has a chief justice in waiting.

But it remains to be seen whether Zuma will go with the obvious or pull off another surprise, as he did when he appointed Ngcobo two years ago.

All of the political commentators who spoke to Sowetan agreedthat Ngcobo's deputy, Dikgang Moseneke, was the best candidate for the job. But "personal dislikes" might stand in his way.

Wits Centre for Ethics associate Eusebius McKaiser said Moseneke's sin was that he dared to speak against political interference in matters of the judiciary.

"A number of folks are capable of being chief justice but, undoubtedly, Deputy Chief Justice Moseneke is the best of the lot," McKaiser said.

"He is a brilliant jurist, respected by his peers as well as ordinary South Africans. On merit, he ought to be appointed.

"If he is overlooked it would be purely because he is not politically palatable enough for politicians. That would be a shame."

Steven Friedman of the Institute for Democracy in South Africa said: "Moseneke was the best candidate for the post before Ngcobo was elected chief justice in 2009.

"The best person for the job won't get it. Maybe he (Moseneke) ruffled feathers, either because of his background as a PAC stalwart or for comments he made that the judiciary was answerable only to South Africans and not politicians."

Professor Adam Habib of UJ said Moseneke fitted the profile of a transformation candidate who also possessed vast legal experience.

But like Friedman and McKaiser, Habib believed that perceptions of him within the ruling party were a hurdle to his ascendency to the seat of chief justice.

"Does he have enough resonance within the ruling party? The answer to that question depends on which side of the ANC you are talking to."

Habib said another factor that could see Moseneke overlooked was that he was seen as a preferred candidate of opposition parties, who might not necessarily embrace the government's pro-transformation agenda.

But Zuma might do well for gender transformation by appointing the first female chief justice.

McKaiser said if this were the case, Justice Sisi Khampepe would get the nod "as more politically acceptable to the ANC than other options".

Law expert Pierre de Vos said: "If the president wanted to be bold he could appoint Justice Bess Nkabinde, a fine jurist, a compassionate human being and a woman."

De Vos said he regarded Justice Mogoeng Mogoeng as a dark horse in the race for the top post but McKaiser deemed him unexperienced and unskilled compared to Moseneke.

"It would be unwise to appoint someone like Justice Mogoeng, although he might be the most politically pliant, and so cannot be ruled out," he said.

Habib and Friedman said Justice Zak Yacoob, who hails from KwaZulu-Natal, may be another dark horse.

Friedman said it did not hurt that he was from the same province as Zuma. Habib pointed to his "impressive" anti-apartheid credentials as a factor that could work in his favour.

He dismissed any chance of Western Cape high court Judge President John Hlophe getting the nod.

"Zuma is not likely to go that route. It would prove too controversial," Friedman said.