Share this
Mister Wong
Digg
Del.icio.us
Slashdot
Furl
Yahoo
Technorati
Newsvine
Googlize this
Blinklist
Facebook
Wikio
Hear this text
Print
E-mail
Tags
“What can I get away with?” as a state of mind in South African leadership
By observing seemingly unconnected incidents in South Africa currently, the impression is becoming stronger that everything you can get away with is acceptable. “What can I get away with” seems to have become a state of mind in South African leadership.
(We invite our readers to submit opinion pieces of not more than 800 words for consideration. Such contributions, as the one published here, does not necessarily reflect the opinion of the publishers or editorial staff of Leadership Intelligence Bulletin.)
Recently, President Jacob Zuma nominated (appointed?) Judge Sandile Ngcobo to succeed Chief Justice Pius Langa when the latter’s term of office expires later this year. When challenged in Parliament about the fact that Judge Ngcobo has only two years left of his term as a judge of the Constitutional Court, the president’s reaction was that there is nothing in the Constitution that prevents him from appointing someone with only two years left in the Constitutional Court.
And, that is undoubtedly correct.
Recently Ken Owen questioned, in an article in "Business Day", Judge Johann Kriegler’s decision to take the Judicial Service Commission (JSC) to court on its handling of the Judge Hlophe issue. His opinion was that Judge Kriegler was starting a fight he was bound to lose on the PR front in the eyes of the majority of South Africans.
He may have a very good point.
He also referred to Judge Kriegler’s criticism of the process for appointing judges followed by the JSC and his reference to the way in which the JSC humiliates white judges and commented that they should “grow up”. He opines that it is to be expected that the JSC would humiliate white candidates because “it’s payback time”.
That may be a valid point as well.
What is the link between these incidents?
In both cases, it can be argued that it has everything to do with a mindset that whatever you can get away with, goes.
The president can undoubtedly appoint a new Chief Justice who will have to be replaced again in two years. Whether it is the right thing to do, the wise thing to do, the best thing to do – bearing in mind the president’s duty to do what is in the best interests of all South Africans – is a different question.
Why did he pick Judge Ngcobo? He says because Judge Ngcobo is well qualified and experienced – probably true as well. But that can be said of a number of others. In fact, ALL the judges of the Constitutional Court should pass that test and probably do.
Was this a decision that was expedient, to mark time until the Hlophe smoke cloud has blown away?
Why did the majority of the JSC decide not to pursue the matter against Judge Hlophe? Was that the right thing, the wise thing to do? How can it be? How can it be wise to allow a cloud to hang over the Judge-President of one of the major seats of the High Court and over two judges of the Constitutional Court?
Because it would increase tension between races if they didn’t? How can that be? The two Constitutional Court judges involved are as black as Judge Hlophe. So, too, are Judges Mpati (President of the Supreme Court of Appeal) and Ngoepe (Judge-President of the North Gauteng High Court), who formed part of the minority opinion that the matter should be pursued.
Or was it an expedient decision which was more centred around preventing the embarrassment that could flow from a full inquiry? Embarrassment for whom?
How can it be the wise thing, the right thing to do, to humiliate candidates for appointment as judges who appear before the JSC?
Should South Africans not be entitled to expect their president to be looking to do the right thing, the wise thing, when appointing a Chief Justice? Should they not be entitled to expect the JSC to act with wisdom and propriety when dealing with the crucial duty of appointing judges, and refrain from petty revenge? Should they not be entitled to expect this body to act in a transparent way to enable clouds over the head of judges to be removed and enhance the image of the judiciary as a body above party politics?
Is it too much to ask to hope for leadership in South Africa which strives for wisdom and propriety instead of expediency? Or have we lost Madiba’s spirit of wisdom, propriety and reconciliation for ever?
