Judicial Services Commission member Koos van der Merwe has asked Chief Justice nominee Mogoeng Mogoeng to withdraw his acceptance of the nomination.
Van der Merwe told Mogoeng during his interview for the post in Cape Town on Sunday that he should follow the example of former Chief Justice Sandile Ngcobo and “walk away”.
“Judge Mogoeng I feel sorry for you,” Van der Merwe said .
“You were brought into this innocently. You haven't applied for this position.
“The process has been contaminated and you are innocently in the middle.”
A few weeks ago Judge Ngcobo walked away from being reappointed as Chief Justice because there was a problem with the law.
“Walk away, let things calm down and you can become the chief justice in the future.”
Justice Minister Jeff Radebe told Van der Merwe he had been in his JSC seat too long and that he should walk away.
“Minister, I think you have been too long in your seat,” Van der Merwe said. “I think you should go not me.”
Moseneke said the objection to Van der Merwe's statement was “a good one” and indicated that Van der Merwe's appeal was out of order, in that the JSC had a “particular job to do”.
The interview concluded at lunch time on Sunday after which the JSC will hold a closed session to deliberate on the suitability of Mogoeng as Chief Justice.
It will then make its finding to President Jacob Zuma. - Sapa