CAPE TOWN - A mammoth task awaits the newly appointed Chief Justice Raymond Zondo, who will have to dispel the notion he is easily accessible and willingly meets and discusses politics with politicians.
He admitted to doing so with ex-president Jacob Zuma and also confirmed meeting President Cyril Ramaphosa to discuss issues relating to the commission of inquiry into allegations of state capture.
But before we get to the crux of this editorial, it’s important to congratulate all the chief justice nominees, especially after the robust and gruelling Judicial Service Commission (JSC) interviews that lasted the entire day.
Among the concerns raised during these interviews were those related to the perception that Justice Zondo was pro-Ramaphosa and anti-Zuma, an allegation he has dismissed.
Other pertinent questions were about his role as the chairperson of the state capture commission, and in particular a concern that he was being interviewed for the country’s top judicial post while he had not concluded the parts dealing with Ramaphosa’s appearance in his commission.
Indeed, the subsequent release of part three of his report on Bosasa barely made mention of the R500 000 donation to Ramaphosa’s CR17 campaign, nor has the commission made announcements on Ramaphosa’s alleged role at Eskom.
These concerns and others still to come will most certainly trigger review applications by various implicated parties, as has been the case with the current mineral resources and energy minister and former ANC secretary-general, Gwede Mantashe.
The review applications, in all likelihood, will end up before the Constitutional Court. It will then be interesting to see whether Justice Zondo will recuse himself in all these matters, and whether his colleagues will not feel undue pressure when adjudicating in matters involving their boss.
It would be an untenable situation where the chief justice of the country was unable to take part in proceedings stemming from a costly commission that sought to deal with corruption.
The concerns around the independence of our judiciary can never be entirely dismissed until those entrusted to safeguard the Constitution demonstrate otherwise through the application and interpretation of justice.
Cape Times