Gauteng High Court judge David Unterhalter says the impeachments of former Western Cape judge president John Hlophe and retired Johannesburg High Court judge Nkola Motata will not erode the public’s confidence in the judiciary.
Good story to tell
Unterhalter said he believes that the South African judicial system has a good story to tell since the dawn of democracy in 1994 until today.
Unterhalter was speaking at the Judicial Service Commission (JSC) interviews on Monday to fill three vacancies at the Supreme Court of Appeal (SCA).
Ten candidates have been shortlisted for the three vacancies.
The interviews, chaired by Chief Justice Raymond Zondo, kicked off on Monday at the Capital on the Park Hotel in Sandton, Johannesburg.
The 65-year-old Unterhalter has been a judge of the Gauteng division of the High Court since January 2018.
During Unterhalter’s interview, commissioner Narend Singh, an Inkatha Freedom Party (IFP) MP, asked Unterhalter whether he thinks the impeachments of Hlophe and Motata diminish the public’s trust in the judiciary.
Both Hlophe and Motata were impeached by parliament’s National Assembly in February.
Unterhalter said the South African judiciary still remains intact.
Public confidence in judiciary is vital
“This [confidence in the judiciary] is a vital matter to the public. The most important thing to measure the level of the public’s confidence in the judiciary is how litigants are treated in court, whether judgements are rendered in a well-reasoned fashion, and the other thing to consider is when judgements come out…
“It is unfortunate that these things [impeachments] happen but the public has confidence in the judiciary as an institution. The judiciary is an independent institution that has done more good than harm in the last 30 years,” said Unterhalter.
Unlike last year’s Supreme Court of Appeal (SCA) interviews at the JSC in October to fill four vacancies, Unterhalter had a smooth-sailing interview on Monday devoid of any controversies.
Racism allegations
In October, Unterhalter was interviewed by the JSC to fill four vacancies on the Supreme Court of Appeal (SCA).
A total of 10 candidates were interviewed to fill four vacancies on the Supreme Court of Appeal (SCA).
Only two appointments were made, leaving Unterhalter out in the cold after he was unsuccessful.
During the JSC’s deliberations on the October interviews to fill the four vacancies, EFF leader Julius Malema accused Unterhalter of “subtle racism.”
After the conclusion of interviews and deliberations on Monday, the JSC recommended three candidates, which include judges RM Keightley, JE Smith and Unterhalter, to fill the three SCA vacancies.
