|August 19, 2011
ANC serves charges on Malema / Zuma's chief justice nomination accepted
The ANC has served charges on youth league president Julius Malema, the party said in a statement. “Comrade Julius Malema has been charged with various violations of the ANC constitution, including bringing the ANC into disrepute through his utterances and statements on Botswana and sowing divisions in the ranks of the African National Congress”, the statement read. “The disciplinary matter concerning Comrade Julius is now in the hands of the ANC National Disciplinary Committee, (which) will henceforth deal with the date, venue and time of the hearing,” it said. “In accordance with the provisions of the constitution of the ANC… Malema will have an opportunity to defend himself against these charges in a properly convened hearing. “He will be entitled to be represented by a member of the ANC whose membership is in good standing,” said the ANC statement.
In the meantime, the Judicial Service Commission (JSC) will not call for further nominations for the position of chief justice other than President Jacob Zuma's nomination, Judge Mogoeng Mogoeng. There had been "lengthy deliberations" and a "secret ballot" and the majority of the commission had decided that they would not call for further nominations, JSC spokesperson CP Fourie said. "The JSC deliberated on whether it would call for further nominations other than that made by the president and resolved by a majority that it is neither permissible nor desirable to do so. "The JSC will convene a meeting to which it will invite the nominee of the president to submit to an interview for the purpose of determining the suitability of that candidate to be appointed as chief justice," he said. "The proposed date for the public interview is Saturday September 3 in Cape Town."
In terms of the Constitution, Zuma has to appoint the chief justice after consultation with the JSC and leaders of parties represented in the National Assembly. Barring the African Christian Democratic Party (ACDP), opposition parties have strongly opposed Mogoeng's nomination on the grounds that he lacks the necessary experience, especially on constitutional issues. The ANC and its allies, on the other hand, have thrown their weight firmly behind Zuma's choice. Zuma nominated Mogoeng to replace former chief justice Sandile Ngcobo, whose term of office expired.