Zuma vs Zondo: ‘Zondo was ‘worst performer’ in JSC interviews’ – Zuma foundation

Former president Jacob Zuma has filed a supplementary affidavit with the Gauteng High Court in Pretoria in his tenacious bid to have the April 2022 appointment of Judge Raymond Zondo as the country’s chief judge of the Constitutional Court of South Africa set aside, saying he was the “worst performer” during the Judicial Services Commissions (JSC) interviews.

Zuma first challenged the appointment of Zondo as chief justice in May and demanded that President Cyril Ramaphosa reverse his decision to appoint him.

However, Ramaphosa filed a notice to oppose the application on 26 September.

The JSC also filed a notice that it would abide by any ruling the Gauteng High Court would hand down over the matter.

Revelations

In the supplementary affidavit, Zuma argued that Ramaphosa and the JSC produced “an incomplete record” of the documents leading up to the appointment of Zondo.

ALSO READ: Zuma accused of seeking revenge to have Zondo removed as Chief Justice

The Jacob Zuma Foundation spokesperson Mzwanele Manyi said Zuma delivered his supplementary affidavit on Wednesday.

“Some startling revelations have emerged from the record which put into serious doubt the rationality of President Ramaphosa’s decision to appoint Judge Zondo ahead of Judge Mandisa Maya in particular. She was the candidate highly recommended by the JSC and leaders of political parties representing the vast majority of public representatives.

“It has also emerged that Judge Zondo received only three votes, compared to 19 votes for Judge Maya, making him the worst performer. He was also the only candidate to receive a serious adverse character comment from the JSC, which remarked that ‘efficiency and discipline did not appear to be his strengths’,” Manyi said in a statement.

Manyi also said: “Ramaphosa also violated the Constitution which specifically prohibits gender discrimination and compels him, in making a judicial appointment, to consider “the need for the judiciary to reflect broadly the racial and gender composition of South Africa.”

Opportunity for Ramaphosa

Manyi added that the decision to overlook Judge Maya in spite of her far superior credentials, performance and suitability for the position represents “a clear case of gender discrimination by President Ramaphosa”.

Manyi said Zuma’s legal challenge will give Ramaphosa the opportunity to justify his conduct failing which it must be declared unconstitutional and set aside.

“The impugned conduct includes his unauthorised appointment of a shortlisting panel which disqualified certain nominated candidates. Justice Zondo is also called upon to pay back the money unjustifiably earned by him at the expense of the taxpayers.

“The court will also be asked to refer his ongoing aggravating conduct of crossing the line by dabbling in political commentary which is legally forbidden for members of the Judiciary, to the JSC for investigation and disciplinary action.

“We, therefore, look forward to the President’s answering affidavit and hope that, for once, justice will be done in a case involving President Ramaphosa,” Manyi said.

ALSO READ: Zuma asks court to set aside Zondo’s appointment as Chief Justice