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Zuma proposes Judicial Service Commission candidates

President Jacob Zuma delivers his State of the Nation Address (SONA) to a joint sitting of the National Assembly and the National Council of Provinces in Cape Town, South Africa February 9, 2017. REUTERS/Sumaya Hisham
President Jacob Zuma delivers his State of the Nation Address (SONA) to a joint sitting of the National Assembly and the National Council of Provinces in Cape Town, South Africa February 9, 2017. REUTERS/Sumaya Hisham

President Jacob Zuma has proposed three new members to fill vacancies in the Judicial Service Commission (JSC).

Zuma has been accused of trying to manipulate the judiciary by using his constitutional power to influence JSC appointments.

“The three new members that the President is considering to designate to the JSC are Advocate Thandi Norman SC‚ Mr Sifiso Msomi and Advocate Thabani Masuku‚” the presidency said in a statement on Friday.

“President Jacob Zuma has written to the leaders of political parties represented in the National Assembly to provide their inputs on his intention to designate the three new members of the Judicial Service Commission.”

Zuma earlier this month announced the withdrawal of Advocate Dumisa Ntsebeza SC‚ Advocate Ismael Semenya SC and Andiswa Ndoni from the JSC.

 The Economic Freedom Fighters criticised the decision.

“This announcement comes without any explanation or any provocation of either the underperformance of these members or request to be released from these members‚” EFF spokesperson Mbuyiseni Ndlozi said at the time.

“We view this move as rather directly provoked by JSC’s refusal to appoint Advocate (Gcina) Malindi who is an ANC prosecutor into the bench‚” he charged.

Four years ago‚ Malindi famously burst into tears as he tried to “protect the president’s dignity” when he represented Zuma‚ the ANC and Zuma’s children in their urgent application to prevent the public display of the portrait‚ The Spear.

“Despite it being in Zuma’s powers to remove them‚ it cannot be that this is without any valid explanation‚” Ndlozi said.

“The ANC and Zuma are therefore only trying to have yes men and women in the JSC so that the JSC can appoint judges who can rule in their favour‚” he said.

The EFF also rejected the president’s recommendation to have Justice Raymond Zondo as the Deputy Chief Justice of the Constitutional Court.

But John Jeffery‚ Deputy Minister of Justice and Constitutional Development‚ dismissed the EFF’s claims.

“The Constitution does not provide for how long these [JSC] members must or can serve. According to section 178(3) of the Constitution‚ members of the JSC serve until they are replaced by those who designated them‚” Jeffery wrote in an article published on The Daily Maverick website.

“So when the President chose to relieve Advocate Dumisa Ntsebeza SC‚ Advocate Ismael Semenya SC‚ and Andiswa Ndoni of their positions‚ the EFF were quick to come up with conspiracy theories.

“What they didn’t say was that the three commissioners had already been serving on the JSC for eight years … What the EFF also didn’t mention was that when these three commissioners were initially appointed there was criticism against their appointments too.”

 

 

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