Well there you go. Our racist and crony-based employment regime has officially hit our judiciary. This is a tragedy of epic proportions in the legal field. It has finally been acknowledged and come to light that there is direct racial profiling going into the determination of who gets to be judges in this country. This means that the wealth of legal experience and expertise over decades is being sidelined along racial lines.
Commissioner of the Judicial Service Commission (JSC) Izak Smuts has written a discussion document which pointedly outlines the fact that the JSC is deliberately and inexcusably side lining white males. This means that none of their experience, skill, analysis or expertise will ever be heard from the bench. What does this say about the quality of judgements that we can expect to receive in the future on landmark cases? Simply stated it means that we can expect irrational decisions that are not only bad in law but are also severely out of step with international best practise.
Be deliberately excluding white males from the bench the ANC is making a clear statement - blacks are in charge of the judiciary and then only those that agree with our philosophy. We have all known that there has been a definite move towards "transformation" of our courts which has already made it extremely difficult for white males to be appointed to positions as judges (despite the fact that they have already spend years in positions of Acting Judges and even more time as Senior Counsels who are highly qualified and skilled). This simply serves to prove to us that BEE and the racist policies of the ANC have finally and fully infiltrated one of the last bastions of protection that we may have had against the regime - the judiciary.
The judiciary is tasked with interpreting and applying the law in accordance with fairness, justice and above all the Constitution. The new regime is deliberately moving towards removing all white judges from the bench and appointing their poorly trained and pathetically motivated voters. This really is a sad day for the legal profession and fraternity where we are now being taught that is not what you know or even who you know that counts but rather the colour of your skin.
I can see long delays in important legal matters because of this BEE strategy in our superior courts and the judges that are meant to uphold the law (Magistrates courts have been a joke for about a decade now and I have more respect for a plain old attorney with 10 years experience than I do for most magistrates). Lord give us strength...
|Is this what our LLB is coming to? Is this the calibre of student that we allow to proceed to the end of a professional degree that is both extremely technical and demanding? How did this person even get into university in the first place? 30% pass rate is acceptable and teachers' right to strike is more important than students' right to be educated. And this is the next generation of legal professionals? Can I get a ticket off of this planet please?|
White men can't judge - commissioner
Johannesburg - A commissioner of the Judicial Service Commission (JSC) will on Monday advise his employer to "come clean" and tell white male candidates that they needn't bother applying to become judges.
And, in what may be seen as a startling indictment of the JSC, it has also been warned to guard "most strenuously" against the "pursuit of a covert political agenda under the guise of an alleged constitutional imperative [of transformation]".