The Constitutional Court will no longer enlist the services of retired justices to assist with applications for leave to appeal as part of addressing the backlog in the country’s apex court.
Instead, it could employ experienced lawyers to provide support to the justices of the Constitutional Court, including the preparation of memoranda in new applications.
“The other (option) is that the Constitution should be amended to make it possible for the Justices of the Constitutional Court not to sit en banc (on the bench) when deciding new applications, but to form panels of three to decide new applications.
The Justices would still sit en banc when hearing and deciding matters that have been set down for hearing,” read a statement issued by the Office of the Chief Justice.
The decision to not use retired justices follows criticism from several NGOs and questions about the constitutionality of the decision to appoint retired Justice Zak Yacoob to the Concourt.
It was triggered by the appointment of retired Justice Zak Yacoob to the Concourt, raising questions about his suitability in light of his political statements and alleged proximity to some Cabinet ministers.
However, the Office of the Chief Justice had maintained that Yacoob and retired Justice Johan Froneman would be volunteering this service and would not take part in the adjudication of any matter.
In Thursday’s statement, the Office of the Chief Justice said Chief Justice Zondo had indicated that the programme was at a trial stage and it was to be reviewed soon in order to determine whether it was was effective in addressing the backlog of new applications which results in delays in disposing of new applications.
“The Chief Justice and his Colleagues in the Constitutional Court recently held a meeting to review the programme ...
“They noted that only a limited number of the retired Justices were available.
“Given this unavailability of many of the retired Justices of the court, it was decided to discontinue the programme.”
Cape Times