Facing up to the crisis Clearly this summit comes at a time of crisis as our country continues to lurch from one strike season to another, when key public service and Business sectors at all levels of employment, from unskilled to highly dedicated professionals such as medical and educational people are under pressure to strike […]
Author Archive | @ifaisa
Doing business in a constitutional democracy
It is a pleasure and a privilege to be invited to participate actively in this timely jobs summit. It is also an honour to have so diverse and august an audience. While observing all protocol, allow me to establish the composition of my audience here today: How many of you are South African citizens? How […]
The Vaulting Ambition of Mogoeng Mogoeng
A tragedy of Shakespearian proportions played itself out when the Judicial Service Commission met over the weekend of 3rd to 4th September 2011 to interview the “preferred candidate” of Jacob Zuma for the post of Chief Justice of South Africa. As occurred in Macbeth, the “vaulting ambition” of the candidate, supported by a solid phalanx […]
Open letter to Judge Mogoeng dated 7th September 2011
Dear Justice Mogoeng, Your dissatisfaction with the process to which you have been subjected by the President and the Judicial Service Commission after you accepted the former’s nomination as his “preferred candidate” for the currently vacant position of Chief Justice refers. download
Nomination of Mogoeng Mogoeng for position of Chief Justice
Dear Mr President, We forward below a copy of an email widely disseminated by AFT membership and on the face of it written to Anthea Platt by Dumisa Ntsebeza SC at 2:52 this morning. In the light of the sentiments apparently expressed by Ntsebeza SC, we respectfully request you, after confirming that the offending email […]
Review of the JSC’s resolution re. appointment of new Chief Justice
Response to Jonathan Mort’s attorneys Click to download
Letter by Jonathan Mort Inc. – Pension Fund Attorneys to the Leaders of all Political Parties in Parliament regarding the appointment of a new chief justice.
download
The JSC falters again
According to its resolutions made public immediately after it met on 20 August 2011, the Judicial Service Commission (JSC) has been busy again. One of its resolutions requires further scrutiny and assessment. It reads that: “The JSC deliberated on whether it could call for further nominations other than that made by the President, and resolved […]
The experience of the anointed one
The presidency has been quick to stress the length of the experience of the 50 year old new-comer to the Constitutional Court whom it favours to succeed retired Chief Justice Ngcobo. It is the quality and nature of the experience and experiences of Mogoeng Mogoeng that ought properly to weigh more heavily than their length. […]
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 […]
