Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
Divorce, Maintenance, Personal Injury, Medical Negligence
The General Council of the Bar is backing an amendment, proposed by the Democratic Alliance (DA), to reduce the power of the President and political appointees to appoint Judges in South Africa. If passed, and one would guess it is highly unlikely that anything proposed by the DA will be passed by Parliament, this amendment bill to the Constitution, the 19th such proposed amendment, would reduce the size of the JSC and reduce the number of political appointees.
I believe that Judges should certainly be chosen on the basis of who is the most competent and independent minded legal person that is qualified for the job. Judges need to be strong and independent and uphold the Constitution without fear or reporting to political masters. That has to be the goal of those who serve on the JSC and the less involvement politicians have in appointing Judges, the better from a lawyer’s point of view!
Posted by Michael de Broglio on Thursday 22-Aug-13
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Comments
Moenisha said:
on Friday 23-Aug-13 10:47 AM
I agree with Alexis
Juliet said:
on Thursday 22-Aug-13 10:49 AM
Life is like a game of chess and unfortunately there is nothing we can do to stop the players from cheating, we just have to learn to play better
Alexis said:
on Thursday 22-Aug-13 09:08 AM
Fairness in SA - that is new. But yes i do agree with the above
Bianca said:
on Thursday 22-Aug-13 08:58 AM
I agree 110%, a Judge should not be chosen by any other criteria than those mentioned in the blog. A judge cannot be appointed or chosen by popularity or any other unjustified "reason". If, however, Judges are appointed by popularity etc, it is safe to say that our justice system will be even worse than what it is now.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
