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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 […]

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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 […]

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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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