Legal

President appoints Judges Kollapen and Mathopo to Constitutional court

President Cyril Ramaphosa has appointed Judges Narandran “Jody” Kollapen and Rammaka Steven Mathopo as Judges of the Constitutional Court, with effect from 1 January 2022.

In terms of Section 174(4) of the Constitution of the Republic of South Africa, 1996, the President, as the head of the national executive, appoints the judges of the Constitutional Court after consulting the Chief Justice and the leaders of parties represented in the National Assembly, in accordance with the following procedure:

(a) The Judicial Service Commission must prepare a list of nominees with three names more than the number of appointments to be made, and submit the list to the President.

(b) The President may make appointments from the list, and must advise the Judicial Service Commission, with reasons, if any of the nominees are unacceptable and any appointment remains to be made.

The Presidency received a letter dated 27 October 2021 from the Acting Chairperson of the Judicial Service Commission (JSC), Judge Raymond Zondo with regard to the recommendation of five candidates to fill two vacancies in the Constitutional Court.

The candidates were Justice B Molemela, Justice R Mathopo, Justice F Kathree-Setiloane, Justice J Kollapen and Justice B Vally.

The JSC had conducted interviews on 4 October 2021 to fill the vacancies.

The President consulted with Acting Chief Justice Raymond Zondo and the leaders of parties represented in the National Assembly through a letter dated 22 November 2021 with regard to the five candidates nominated by the JSC. The due date for comment on the candidates was 14 December 2021.

Part of the administrative process is a requirement that the Department of Justice make a formal submission to the Presidency in relation to the JSC’s recommendation. This submission was received by the Presidency on 21 December 2021.

The President thanks Acting Chief Justice Zondo and leaders of parties for their invaluable inputs on all the candidates on the list submitted by the Judicial Service Commission to the President. All candidates on the list possess sound judicial acumen and attributes required at the highest court in the land.

Judges Kollapen and Mathopo have illustrious careers in the legal profession and the Judiciary.

Judge Kollapen served as a Judge of Gauteng Division from 2010 after he served as a member and later chairperson of the South African Human Rights Commission.

Judge Mathopo was appointed as a Judge, also in the Gauteng Division of the High Court, in 2006 and was elevated to the Supreme Court of Appeal in 2015.

The President wishes Justices Kollapen and Mathopo well in their new role.

Source: The Presidency Republic of South Africa

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