I have found some disturbing judicial interplay in an otherwise mundane appeal decision about a property sale. Tucked away at the end of the decision, issued by the Supreme Court of Appeal last week, are two troubling judgments both written by acting members of that bench.
First, the characters. The five judges who heard the appeal were Jonathan Heher, Azhar Cachalia and Eric Leach, with acting appeal judges Ronnie Pillay and Shamim Ebrahim.
The sixth judicial character is a senior advocate, Dumisa Ntsebeza, who - while acting on the High Court bench in Joburg - wrote a decision that became the subject of an appeal. Ntsebeza is an influential member of the Judicial Service Commission (JSC) and plays a decisive role in who gets appointed. Ebrahim wants promotion to the appeal court but has so far failed in her efforts at the commission; Pillay's acting stint on the appeal court suggests that he, too, hopes for permanent appointment there.
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