By Angela Quintal
One of the country's leading jurists, Supreme Court of Appeal Judge Belinda van Heerden, no longer wants to be considered for a post on the highest court in the land - at least not for now.
It is understood that Van Heerden believes there are issues of vital importance to the future of the Constitutional Court and the judiciary as a whole that have not yet been satisfactorily resolved.
Until these are resolved, the judge is apparently unwilling to make herself available for further judicial appointment.
Judge Van Heerden withdrew her nomination for the vacancies on the Concourt on July 27, but was still included three days later on the Judicial Service Commission's (JSC) shortlist of 25 candidates to be interviewed in September.
On Tuesday, the JSC confirmed that Judge Van Heerden had pulled out, but did not provide reasons.
However, among issues of concern for many judges is draft legislation such as the Superior Courts Bill and a possible constitutional amendment Justice Minister Jeff Radebe wants to push through after years of consultation with the judiciary.
It is feared these measures, if they become law, will impact on the judiciary's independence and integrity.
The politicisation of judicial appointments through a JSC that has a majority of its MPs aligned to the ruling party and which is focused on the Bench's transformation, as well as the ongoing battle between Cape Judge President John Hlophe and the Concourt justices, has also added to the uncertainty.
Judge Van Heerden was widely considered to be one of the stronger candidates for appointment to the Concourt and her decision not to make herself available will come as a blow to those who believe she has impeccable credentials and the necessary experience.
In 2006, she acted for two terms on the Concourt and is highly respected as an expert on children's rights and gender equality issues, both at home and abroad.
More than 80 of her judgements have been reported in law reports. Of her judgements taken on appeal, several have been upheld by the Concourt.
Although it was speculated that other candidates might also withdraw, the JSC confirmed yesterday that no one else had done so.
Cape High Court Judge Denis Davis, who was rumoured to be among those who would pull out, said there was no substance at all to the speculation.
Judge Davis, who is also the Labour Appeal Court president, will join 23 other shortlisted candidates for the interviews for four vacancies.
The majority of candidates are judges, although two senior counsel, Geoff Budlender and Jeremy Gauntlett, have also been included.
The JSC interviews are scheduled for three days from September 5-7 in Soweto.
It also emerged yesterday that President Jacob Zuma's nominee for chief justice, Concourt Justice Sandile Ngcobo, is likely to have a courtesy interview on September 5.
This was also done when President Thabo Mbeki chose Justice Pius Langa to succeed then chief justice Arthur Chaskalson.
The JSC has no veto power when it comes to the appointment of the chief justice, which remains the prerogative of the president.
Some opposition leaders in the National Assembly have cried foul over Zuma's decision to announce his nomination last week before he had consulted them, as provided for in the constitution.
Meanwhile, a three-man subcommittee of the JSC will report back on Saturday to the commission's complaints committee on its findings into the Judge Hlophe saga.
The three-man team, headed by Judge President Bernard Ngoepe, conducted a preliminary inquiry into a complaint of judicial misconduct against Judge Hlophe and his counter-complaint against the justices of the Concourt.
Judge Hlophe is among those short-listed for the Concourt interviews in September.
Several other judges who have complaints pending against them have also been shortlisted.
While outstanding complaints are not a consideration when deciding who to interview for vacancies, they are taken into account when deciding who to recommend to Zuma for appointment to the Bench, said JSC spokesman advocate Marumo Moerane SC.