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Judicial Appointments - Dumb-Down Style

The Judicial Service Commission (JSC)is facing a crisis over transformation. The constitutional stipulates that the main criteria to appoint a judge is that individuals need to be "fit and proper" and "appropriately qualified"This should come before "need for the judiciary to reflect broadly the racial and gender composition of South Africa. What seems to be happening is that the latter is taking over from the former resulting in a mediocre choice of judges In a a report on transformation of the judiciary, Izak Smuts maintains there is a "very real perception in certain quarters" that the JSC was "set against" the appointment of white male candidates, except in exceptional circumstances. This statement and his resignation has caused a rift within the JSC.Chief Justice Mogoeng Mogoeng has lashed out at critics of the JSC's selection methods. He said that the commission did not "play games" despite the picture created recently that it would "recklessly subject the South African public to a judicial officer who does not have what it takes".

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