There has been an outpouring of critical comment about the interviews of candidates for appointment to the office of chief justice in South Africa, writes Emer Prof Hugh Corder.
Observers may be surprised by the vehemence of the outcry and the degree of antagonism generated. But taking a look back at developments over the last year, combined with an analysis of the appointment process – particularly the role of the Judicial Service Commmission – the outcome isn’t that surprising.
Most African constitutions of the past 30 years, led by an independent Namibia in 1990 and strongly endorsed by SA in 1994, have authorised the apex court to determine the limits of “government under law”. This is naturally consistent with both the rule of law and the separation of powers doctrine.