DURBAN - Deputy Chief Justice Raymond Zondo’s entanglement with politicians and his failure to remember specific, important details of the meetings he had with politicians have cast doubt on his integrity and credibility.
Justice Zondo faced an upheaval during the Judicial Service Commission (JSC) interviews for the position of the chief justice, where he struggled to respond to some of the critical questions posed by commissioners, who questioned Justice Zondo's private relationship with members of the executive and his public stance against some politicians.
Among the voices that had called on Justice Zondo’s candidacy for the top job to be withdrawn was the Robben Island Ex-Political Prisoners organisation, which issued a statement prior to Justice Zondo’s interview, expressing no confidence in him.
The organisation said it was disturbed by the conduct of the acting chief justice, claiming that, among others, Justice Zondo was incompetent and not fit for the position of chief justice.
“Why would the acting chief justice risk engaging himself in a political fray when this can easily be construed as his involvement in a potential ‘conflict of interest’ on the eve of interviews and nominations for the position of the chief justice? We further ask if Zondo has not crossed the line by involving himself in a matter of a strictly political nature, and outside of the legal parameters that bind members of the judiciary from involvement in a conflict of interest,” the organisation said in a statement.
“It is our view that, by playing politics and denying the reality of Lindiwe Sisulu’s reflections, Zondo has come off as disingenuous and very mischievous with the truth about the South African political history and dire social conditions for the majority.
“Against allegations that the Zondo Commission is politically biased in favour of protecting President Cyril Ramaphosa’s camp and has been lenient in its investigations of white corporate crimes, we are disturbed that the unsubstantiated attack on Sisulu appears to be a grand display of political posturing and colonial amnesia.
“We have to wonder if there is a possibility of Zondo being opportunistic in his ambitions for the position of chief justice.”
The ex-political prisoners said that Justice Zondo had opportunistically entered a “political gallery” to boost his campaign to be the next chief justice, and had denied the reality of some reflections about the lack of transformation in the country.
“As liberation Struggle war veterans and former Robben Island political prisoners we have no difficulty in comprehending the official need for introspection,” read the statement.
Independent political analysts weighed in, asserting that Justice Zondo’s responses to questions regarding possible conflict of interest on his part, planted a seed of doubt in the minds of the JSC commissioners.
Professor Tumi Senokoane said: “He appeared to be withholding information about his constant meetings with politicians, treating it as a secret in as far as details are concerned. No one wishes to deal with such a character that might have to decide the future of the country and the life of citizens through the Constitution.
“Zondo does not see anything wrong to meet or mingle with politicians and having political views that are problematic. The conservative view is that judges must be seen far away from the market of politics and appear impartial.”
He said that the attacks on Sisulu made matters worse, sending a message that, if appointed, there would be more media briefings on political matters.
Senokoane acknowledged that Ramaphosa had the power to appoint the next chief justice; however, it would be unfortunate to disregard the JSC recommendation to appoint Supreme Court of Appeal Judge President Mandisa Maya.
Professor Sipho Seepe felt that in terms of knowledge of the law, administrative skills, intellectual leadership, and judicial temperament, Justice Zondo had failed dismally.
“He lacked judicial restraint when he dealt with a personal squabble he had with the former president Jacob Zuma. In my book that lack of restraint and judicial foresight precipitated a process that led to the most fatal unrest since the dawn of democracy. He also seemed to have contradicted himself as it relates to his relationship with Zuma. Lastly, it is also a fact that the other candidate was better than Zondo," Seepe said.
Contacted for comment, JSC spokesperson Dali Mpofu said it was neither feasible nor fair for any chief justice candidate to be expected to respond to any objections raised at this stage.
“The JSC had in November issued a public invitation to organisations and members of the public to send any comments or objections by no later than January 10, 2020. Unless the issue arises in the course of the interview, raised either by the candidate or commissioners, it cannot be introduced at this stage,” Mpofu said.
Asked whether Sisulu shared the sentiments of the ex-political prisoners, her spokesperson Steve Motale said Sisulu appreciated the rights of all citizens to freely associate and to express themselves without any hindrance or intimidation.
Ramaphosa’s spokesperson did not reply to questions from the Daily News.
Daily News