Lamola’s office criticises ‘disingenuous’ claims on Mlambo’s ConCourt appointment

Justice Minister Ronald Lamola’s office has denied claims that he manipulated the processes of appointing acting judges in the Constitutional Court (ConCourt).

This is after proceedings at the Judicial Service Commission (JSC) on Friday saw Lamola and Economic Freedom Fighters (EFF) leader Julius Malema have a heated exchange regarding Gauteng Judge President Dunstan Mlambo’s appointment to the ConCourt.

The incident took place during Acting Chief Justice Raymond Zondo’s interview for the Chief Justice position.

It was revealed during the interview that Lamola had written to Zondo last year, asking him to consider appointing Mlambo in an acting position at the ConCourt.

Malema suggested this was not the normal process for judicial appointments.

‘Judicial manipulation’

The EFF then released a statement on Saturday morning, saying it noted “the shocking, unethical and deplorable revelations” at the JSC about the communication between Lamola and Zondo about Mlambo’s appointment.

The Red Berets described the appointment as “evidence of judicial manipulation by the ANC government”, arguing that Mlambo was improperly put in a position where the Gauteng Judge President would gain experience in the ConCourt “to make him a viable and legitimate choice” for the Chief Justice position.

“Judge Mlambo clearly comes with a Lamola anointing on his head,” the statement read.

ALSO READ: Malema tells Zondo being called a ‘house negro’ not an insult, but ‘academic criticism’

The party further called for Lamola’s dismissal from Cabinet.

“The EFF will also consider reporting both [President Cyril] Ramaphosa and Lamola to the police, Scopa [Standing Committee on Public Accounts] and the Public Protector.”

“Since Lamola acted on Ramaphosa’s behalf, the police must investigate a possible conspiracy to predetermine the appointment of Mlambo as Chief Justice of the country,” the EFF added.

EFF’s head of presidency, Sinawo Tambo, told Newzroom Afrika that the party will lay a complaint against Zondo and Lamola with the JSC.

Malema accuses Zondo of political interference over Zuma meetings

‘Deliberate distortion’

The Ministry of Justice and Correctional Services also released a statement, saying it had noted what appeared to be a “deliberate distortion” of the appointment process of acting judges in the ConCourt.

The Ministry’s spokesperson Crispin Phiri said the country’s Constitution allows Lamola as Justice Minister to “appoint acting judges to other courts after consulting the senior judge of the court on which the acting judge will serve”.

“As and when vacancies arise in the above courts, the Constitution dictates that such vacancies should be filled by the President and the Minister respectively subject to a particular process.

“It is within this context that consultations occur between the Chief Justice or the Judge Presidents of the Superior Courts with the Minister,” Phiri explained.

READ MORE: JSC interviews: ‘I know I am not entitled to chief justice post’ – Zondo

Phiri said the suggestion that Lamola manipulated the appointment process “is disingenuous at best”, arguing that the Minister is “constitutionally obliged to recommend an acting appointment with the concurrence of the Chief Justice”.

“The insinuation that the Minister sought to enhance the appointment ability of a Chief Justice candidate by suggesting that the candidate be appointed to act in a vacancy in the Constitutional Court is designed not only to malign the Minister, but also undermine confidence in the judiciary.

“The conspiracy is not borne out by the facts, or the law. It is for this reason that the minister did not hesitate to share all the relevant letters with the Judicial Service Commissioners,” he continued.

Phiri indicated that the process of appointing acting justices in the ConCourt “occurred well before the President nominated Chief Justice candidates”.

Meanwhile, the JSC has confirmed that it will recommend Supreme Court of Appeal (SCA) President Mandisa Maya for the position of Chief Justice.

NOW READ: JSC to recommend Judge Mandisa Maya for Chief Justice post