Judge withdraws from Concourt race

Published Sep 3, 2009

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By Karyn Maughan

One of the Appeal Court judges who ruled against Cape Judge President John Hlophe in his legal battle with the Constitutional Court has withdrawn from the race for a post at South Africa's highest court.

Judge Robert Nugent, who was nominated for one of four vacant posts at the Concourt by vocal Hlophe critic and former Concourt Justice Johan Kriegler, yesterday sent a letter to the Judicial Service Commission (JSC) withdrawing his application.

Contacted by The Star this morning, JSC spokesperson Marumo Moerane declined to comment on Judge Nugent's withdrawal of his application, which leaves 23 candidates vying for Concourt posts.

In his nomination of Judge Nugent for a Concourt position, Kriegler stated: "A review of the reported judgments delivered by Judge Nugent, both in the local division and later in the appellate court, will not only reveal the man's grasp of the law across a wide spectrum but, more importantly, will demonstrate his ability to express himself with admirable clarity and economy of language".

The Star has established that Nugent was facing a complaint related to a ruling in which he cleared the South African Post Office of all wrongdoing in relation to a bungled tender in 2002.

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