Appointment of Judge Raymond Zondo to top job raises key questions

Dennis TMarch 21, 2022

177 2 minutes read

Acting Chief Justice Raymond Zondo hands over the first part of the State Capture Commission of Inquiry's report to President Cyril Ramaphosa

The appointment of Judge Raymond Zondo as Chief Justice raises pertinent questions. After many weeks of speculation, President Cyril Ramaphosa appointed Judge Zondo as the successor to Chief Justice Mogoeng Mogoeng. This decision took many by surprise, myself included.

Ramaphosa’s decision has triggered pertinent questions, including the following: Did he violate the Constitution? Was his decision justifiable? Was Zondo the best candidate for this position?

Why was the emphatic recommendation of the Judicial Services Commission (JSC) ignored? Did the appointment have anything to do with what transpired during the Zondo Commission? Was the appointment meant to ensure Ramaphosa’s “soft landing” when he leaves office? Will this appointment ensure stability at the Constitutional Court? This list is not exhaustive, but it forces us to ponder about the possible motivating factors behind the President’s decision.
Regarding the first question, I will be honest. The president did not violate the Constitution. Section 174(3) gives him the prerogative to appoint the judiciary (including the Chief Justice).

He does this after consulting the JSC and all political parties that are represented in Parliament. According to the statement released by the Presidency, this is what the president did. Therefore, there was no breach of the Constitution.

Be that as it may, Ramaphosa’s decision is hard to justify. From a political perspective and from common-sense point of view, the president’s decision leaves a bitter taste in the mouth.
First, Judge Zondo did not emerge as the best candidate from the public interviews that were conducted by the JSC. Judge Mandisa Maya was confirmed as the best candidate.

This raises the question as to whether the President had already decided that Judge Zondo would be appointed regardless of the outcome of the interviews. If that was the case, why was it necessary to waste taxpayers’ money to allow a useless process to unfold?

While it is true that the president has the final say in the appointment of the Chief Justice, such a decision must be informed by proper reasoning for it to be credible and justifiable.

Source: SABC