Too much focus on reconciliation and not enough on transformation, says would-be ConCourt judge

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In the transition to democracy, SA had perhaps focused too much on reconciliation and not enough on transformation, said Gauteng Judge Jody Kollapen on Monday.

Transformation — of SA and of the judiciary — is always central to Judicial Service Commission interviews, but in this round it took on different aspects.

But he referred to section 174 of the constitution, which required that at least four of the judges of the Constitutional Court had to be judges when they were appointed. He said this suggested that the constitution envisaged that not all of its judges had to be appointed from the bench and that a range of experience was envisaged.

He answered that this was something that had to be navigated in a way that did not entrench gender discrimination. He said that in general there should be no problem with cases that came from the Gauteng division but where it was her judgment, he would have to look at recusal. The second candidate, Fayeeza Kathree-Setiloane, as the only woman candidate to be interviewed on Monday, found herself once again defending comments that she was “impolite” by saying that women who are assertive are often called impolite. This does not happen in the case of men.

Commissioner Mvuso Notyesi said it seemed that she did not have respect for juniors and was short-tempered. She refuted this and said that she had tremendous respect for the youth and for clerks and that she had a number of mentees.

 

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