Durban - A fresh wave of politics could hit the KwaZulu-Natal legal profession as wrangling begins over who will get the post of judge president.
The Judicial Service Commission (JSC) advertised the post this week – with a deadline for nominations next month.
But many hope that political and racial issues evident before former judge president Chiman Patel’s appointment could be avoided if Deputy Judge President Achmat Jappie applies for the post and gets it.
Senior legal sources said Durban-born and bred Judge Jappie – an advocate appointed as a judge in 1998 – was known as a “neutral” and affable peacemaker and he would probably face little or no opposition if he vied for the post, which he was likely to do.
The sources say the real “bunfight” may be over who will be Jappie’s successor if he does become the judge president.
Jappie is set to leave KZN temporarily next week, heading for the Constitutional Court, where he will act for three months. While there is a vacancy in that court, this job has not been advertised.
At least four candidates have to apply for a Concourt post and it is widely thought that a female candidate could be appointed.
On Wednesday, KZN Society of Advocates chairman Rajesh Choudree SC said if Judge Jappie applied for the post he would have the body’s support.
“He is an experienced judge who has the respect of all his colleagues. We at the Bar and Advocates for Transformation (another organisation that Choudree represents) have confidence in him and that he will advance the transformation agenda.”
He said that if Judge Jappie did not apply, the body believed other judges in the division who applied for the post would be committed to ensuring that the judiciary was run efficiently and transformed.
The judge president’s position became vacant when Judge Patel retired last December after a difficult tenure, fraught with political problems from the outset when his rival, Judge Isaac Madondo, suggested to the JSC that Judge Patel was not black enough to deal with transformation issues in the judiciary.
While Madondo emerged as the clear political favourite – with the premier of the time, Zweli Mkhize, acting as praise singer during the interview – he was pipped to the post by Judge Patel, who was seen as a good administrator.
Many of Judge Patel’s supporters say he became unpopular because of his attempts to radically improve the court’s efficiency and his sometimes “imperious” manner in dealing with people.
His tenure ended on a sour note with a decision by the national director of public prosecutions to press, and then later withdraw, what Judge Patel said were “humiliating” charges of crimen injuria against him relating to allegations that he insulted a court clerk.
One of the country’s leading advocates, Marumo Moerane – who assisted Judge Patel in the criminal case – said there was an “improper motive to humiliate him and treat him like a common criminal”.
But colleagues believe Judge Jappie would not have the same difficulties.
“He is a judge who still likes going into court. He has a human, affable touch. He knows his law. Almost everybody likes him,” said one judge.
Insiders said quite a few judges could apply for the deputy position, which was good, because the JSC would have more talent to choose from.
Among those who may apply are Judges Madondo, King Ndlovu and Acting Judge President Shyam Gyanda.
The JSC, which has previously lamented the lack of women candidates, may look favourably at female judges, the most senior being Judge Kate Pillay, although the more junior Judge Fikile Mokgohloa has applied before.
The Mercury