Merit more important than gender or race

(Image: Wikimedia Commons)

Eastern Cape High Court Division Judge Clive Plasket, one of three candidates vying for two vacant seats in the Supreme Court of Appeals, argued with commissioners, including Justice Minister Jeff Radebe, who questioned his stance, saying it would set back efforts to transform the judiciary.

Facing a barrage of questions from commissioner Dumisa Ntsebeza about his views on transformation, Plasket said the gender considerations should not be used to sideline experienced white males for appointment to the bench.

"The fact that one candidate is female, I would suggest, isn't good enough to trump merit. It becomes a lot trickier when the merit gap is a lot closer," said Plasket.

He said in instances in which a white male judge had 70 published judgments while a black female judge had six unpublished judgments, the appointment of the white male would be totally justified.

His comments follow controversy over a report written by another commissioner, Izak Smuts, in which he accused the JSC of interviewing white males only as a formality, but with no intention of recommending them as judges.

Smuts's document was to be discussed by the commission behind closed doors.

Challenged

In April 2011 the JSC was challenged when it decided to leave two spots on the Western Cape High Court bench vacant, despite the fact that four white senior lawyers had made themselves available. The Supreme Court of Appeal later ruled the JSC's decision as "irrational".

Plasket said on Tuesday (9 April) that he did not understand why the commission would not recommend the appointment of a white male judge even if they were the only candidates that had availed themselves.

Chief Justice Mogoeng Mogoeng interjected, saying appointing only experienced white males to the bench would set back transformation of the judiciary.

"When then are we ever going to transform the judiciary," he asked?

Plasket also told commissioners that most of the questions he had been asked throughout his interview were not relevant to his work.

Radebe asked: "If a potential candidate is being asked his views about a particular judgment, how is that irrelevant?"

Plasket is contesting South Gauteng High Court Judge Nigel Willis and Judge Halima Salduker, who is an acting judge in the SCA and is the only female being considered for one of the two vacant posts.

Source: Sowetan via I-Net Bridge