Cape Town – In a significant legal development, former president Jacob Zuma has taken the Gauteng High Court in Pretoria to task, seeking to review and set aside the appointment of Judge Raymond Zondo as the Chief Justice of the Constitutional Court of South Africa.
Zuma, along with the Jacob Zuma Foundation, launched a legal challenge in May, urging President Cyril Ramaphosa to reverse his decision to appoint Zondo as Chief Justice.
BREAKING pic.twitter.com/CNUXL2EbnN
— JGZuma Foundation (Official) (@JGZ_Foundation) October 3, 2023
According to The Citizen, the foundation, represented by Ntanga Nkuhlu, issued a letter to Ramaphosa, outlining several concerns regarding Zondo’s appointment. Among the issues raised was Zondo’s alleged “clearly untruthful and dishonest” account of private meetings with Zuma during the Judicial Service Commission (JSC) interviews.
This recent legal move follows an application filed on September 26 by Zuma and the foundation against Ramaphosa in the North Gauteng High Court. In that application, they sought a declaration that the president’s conduct in appointing Zondo as Chief Justice was unconstitutional and requested a review of the decision.
According to reports, Ramaphosa has filed a notice to oppose the application, while the Judicial Service Commission (JSC) has filed a notice to abide by the court’s eventual decision.
Mzwanele Manyi, spokesperson for the Jacob Zuma Foundation, highlighted the next steps in the legal process. This includes the mandatory provision of the record of proceedings and deliberations by the JSC and Ramaphosa concerning the JSC’s recommendations and the subsequent appointment of Zondo.
“According to publicly available evidence the current Chief Justice scored the lowest number of votes from the JSC following the week-long interviews. Yet Mr Ramaphosa allegedly acted irrationally in ignoring the advice of the JSC and appointing him despite being effectively declared as unsuitable for the position and the poor showing he made at the public interview.
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“The applicants and the public will surely look forward to what legal justification Mr. Ramaphosa will give for his decision when he files his answering affidavit. He will be called upon to dispel the allegations or suspicions that Zondo was being unduly rewarded for absolving Ramaphosa for his role in the BOSASA/CR 17 scandal, among other things, in the so-called State Capture Commission Report,” Manyi said.
He also pointed out that Judge Mandisa Maya, a female candidate who had received the highest number of votes, was overlooked, potentially violating constitutional provisions against gender discrimination.
“He must also explain why he overlooked a woman candidate (Judge Mandisa Maya) when she had, in any event, received the highest votes.
“Such conduct is in breach of the equality clause (section 9 of the Constitution) and section 174(2) of the Constitution both of which prohibit gender discrimination. The Foundation will keep the public informed about developments in this important matter involving accountability,” said Manyi.
It’s worth noting that the JSC had initially recommended Maya for the Chief Justice position, choosing her over Zondo. However, Ramaphosa ultimately appointed Zondo as Chief Justice in March, with Maya serving as his deputy.
The president’s decision followed consultations with the JSC and political party leaders in the National Assembly regarding the top post.
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Compiled by Betha Madhomu
