JSC interviews: ‘I can’t help that I’m white,’ ConCourt candidate tells Mpofu

The Judicial Service Commission (JSC) started re-interviewing candidates for appointment to the Constitutional Court (ConCourt) on Monday morning, with advocate Alan Dodson SC the first to take the hot seat.

This is the second time this year the commission is conducting these interviews for the ConCourt, with the first instance occurring in April. The April interviews ended up being scrapped on the back of widespread criticism over the questions put to candidates.

Dodson on Monday faced a grilling from Economic Freedom Fighters (EFF) leader Julius Malema, who questioned him on how long the court should take to rule on urgent applications.

In response, Dodson said it was “almost like asking how long is a piece of string” and pointed to the challenges that arise because of the number of justices on the bench. 

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Malema was clearly not satisfied with his answer, though, saying it was a “simple question” and he did not understand Dodson’s response.

Asked further by Malema what he thought needed to change at the ConCourt, Dodson raised concerns with turnaround times but said he didn’t want to play a “blame game” and that he didn’t know enough about the administrative processes at the apex court. 

In response to this, Malema asked him: “So you want to walk into something you know nothing about?”

Dodson, however, insisted: “That’s not what I said.” 

He was also questioned at length over being the only candidate who is not a sitting judge, with advocate Dali Mpofu SC touching on the fact that he is a white man.

“Nobody seems to be talking about that [Dodson’s race]. That’s the elephant in the room,” Mpofu said.

Dodson replied: “There’s not much I can do about the fact that I’m white and there’s not much I can do about the fact that I’m male. And I don’t want to sound soppy but to use words that are not mine: I am an African … Every cell and fibre of my body is made from the African soil. I haven’t relied on my whiteness to take advantage.”

• Editor’s note: In a previous version of this article, the headline erroneously stated that Dodson’s comment was to Malema. We apologise for any inconvenience this may have caused.