ARTICLE: IS THE JSC SERVING THE BEST INTERESTS OF SOUTH AFRICA, THE CONSTITUTION AND AN INDEPENDENT JUDICIARY?
The way the Judicial Services Commission (JSC) of South Africa presently recommends candidates for judicial appointment to the President has been the subject of controversy and widespread criticism and raises concerns that it attaches excessive consideration to race and not enough to whether candidates are fit, proper and appropriately qualified.
The sorrow and adulation that the world has expressed following the recent death of Nelson Mandela are a worthy tribute to his greatness. Last Monday the British parliament added its voice to the global chorus. It was appropriate – because it was the same parliament that set the course for South Africa’s future history when it created the Union of South Africa only 103 years ago. In so doing it set the stage on which Nelson Mandela – who was born only eight years later – would play out his extraordinary career.
Today is the 20th anniversary of the awarding of the Nobel Peace Prize to FW de Klerk and to Nelson Mandela. Significantly, it is also the day of the principal commemoration in Johannesburg of Mr Mandela’s life. In addition, it is also International Human Rights Day.
There is something quite touching in the ANC’s belief that it can solve complex economic and social problems simply by promulgating new laws. What is not so endearing is the underlying notion that the state has a right to intrude into the legitimate affairs of private businesses, civil society organisations and political parties in its efforts to impose its ideological precepts throughout society. That has the whiff of totalitarianism‐ however benign the intentions may ostensibly be.
The recently published BEE codes and the Employment Equity Amendment Bill (EEAB) can be understood only within the context of the ANC’s overarching National Democratic Revolution (NDR) and its ideology of demographic representivity (DR).
No doubt to the alarm of his minders and keepers, President Zuma deviated from the prepared text of his speech yesterday to the Evangelical Presbyterian Church in Giyani, Limpopo. His speech should have been suitably innocuous – with a nod to the older generation on International Grandparents Day, exhortations to the youth and the expression of justifiable pride in the fact that the number of children infected with HIV within the East and Southern African region has more than halved in the past 10 years. There was only one reference to “apartheid colonialism” – and for the rest, the tone of the speech was suitably presidential.