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Public Interest Litigation Cases

Open Letter To Vas Soni SC

Dear Vas, Congratulations on your appointment as chief evidence leader in the Seriti Commission of Inquiry into wrongdoing in the procurement of armaments for the new South Africa. This is indubitably the brief of your life and a golden opportunity to assist the Commission with its task of exacting accountability in respect of all matters […]

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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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