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Chief Justice Mogoeng Mogoeng

The meaning and application of section 174(3) of the Constitution

Dear Mr President, Your constitutional responsibility to appoint a new Chief Justice ought to be exercised “after consulting the Judicial Service Commission and the leader of parties represented in the National Assembly”. These words are quoted from section 174(3) of the Constitution and are binding on you. The consulting process so envisaged is rendered nugatory […]

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