oa Advocate - Response by Prof Marinus Wiechers

Volume 4, Issue 1
  • ISSN : 1012-8743



This highly instructive and thought provoking article by Gawie Nienaber should be read in conjunction with the equally valuable contribution by Jeremy Gauntlett SC in Consultus April 1990 at 23-27 (""Appointing and Promoting Judges: Which way now?""). One cannot but agree with the basic tenets of both these contributions. For a future South Africa, the ideal should remain a totally independent judiciary comprising persons of the highest abilities and integrity. It must be conceded that the present system under which the Executive has untrammelled power to appoint judges, notwithstanding the existence of some unwritten conventions of consultation with the Bench and Bar, is not entirely satisfactory.

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