Zuma explains to Malema his nomination of Justice Zondo for top post

President Jacob Zuma’s office has responded to EFF leader Julius Malema’s letter to the president asking him to explain his decision to nominate Justice Raymond Zondo as South Africa’s next deputy chief justice, instead of the current acting deputy chief justice, Bess Nkabinde.

A statement released by the presidency on Tuesday night said Zuma held Nkabinde “in very high regard and appreciates the fact that the EFF has thought of her as worthy of nomination”, however, her nonrenewable term as a judge in the country’s highest court would terminate later this year in December.

“Constitutional Court judges hold office for a nonrenewable term of 12 years. The acting deputy chief justice will be discharged from active service on 31 December 2017 after serving a nonrenewable term of 12 years at the Constitutional Court.

“It is mandatory that she retires on the completion of the 12-year term at the Constitutional Court. The President does not have powers to extend the term of a Constitutional Court judge once she/he has served a full term,” the statement reads.

Malema said though the EFF had confidence in Justice Zondo, his party was concerned Zuma might be punishing Justice Nkabinde for pushing for a tribunal hearing into a misconduct complaint against Western Cape Judge President John Hlophe.

Nkabinde and Justice Chris Jafta in 2008 alleged that Hlophe had tried to influence them to rule in favour of Zuma in his corruption case involving the multibillion-rand arms deal. The judges regarded this as an improper attempt to influence the case, and a complaint was lodged.

The position of deputy chief justice became vacant last year after Dikgang Moseneke retired from his post following an illustrious career.

Zuma on Friday nominated Justice Zondo for the job. The judge has served as a Judge of the Constitutional Court since 2012 and has previously served as judge president of the Labour Appeal Court.

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