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Supreme Court of Appeal's 'top six' continues to dominate JSC interviews

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Chief Justice Mogoeng Mogoeng.
Chief Justice Mogoeng Mogoeng.
Alet Pretorius, Gallo Images
  • The Judicial Service Commission (JSC) is interviewing Supreme Court of Appeal candidates.
  • On Wednesday, questions over the alleged mistreatment of junior judges by the court's so-called "top six" dominated the interviews. 
  • The JSC heard this week junior colleagues were unfairly treated.

Questions over the alleged mistreatment of junior judges by the so-called Supreme Court of Appeal Court's (SCA) "top six" continued to dominate the Judicial Service Commission's (JSC) interviews on Wednesday.

Two judges, who were the first to be interviewed for positions at the SCA, have either denied knowledge of the "top six" or downplayed any suggestion they dominated the court's operations.

Judge Zeenat Carelse told the JSC she had complained about the conduct of an unnamed senior male colleague who had edited her ruling in a particular case - and then apparently stated he should be listed as co-author.

She said she found this offensive and raised her unhappiness with SCA president Judge Mandisa Maya.

"I did receive a warm welcome, except of course I did have an unpleasant incident with a senior colleague which I bought to your attention, and you told me that would take remedial steps, and I am told that you did that.

"And I am also told that you had diversity training at the court, and colleagues who attended it also confronted colleagues that they did not believe were very pleasant. I got the impression that things ended well," Carelse added.

Her comments come after Judge Rammaka Steven Mathopo's statement there was "unfair treatment" of junior colleagues by the so-called "top six" at the SCA.

Mathopo said this during his interview on Tuesday.

Chief Justice Mogoeng Mogoeng, who chairs the commission, questioned Mathopo about the group, seemingly named after the ANC's most senior national leaders. It is alleged the SCA's "top six" mistreats junior judges at the court.

"Yes, it is true. We had those problems, and we experienced those problems quite painfully," Mathopo said during his interview.

He added: "I witnessed, I heard [and] I experienced, and it was painful CJ [chief justice] when colleagues, especially junior colleagues, were subjected to unfair criticism, unfair differentiation [and] unfair treatment by the senior colleagues. That troubled me a lot."

Mathopo claimed some members of the "top six" were opposed to his appointment at the court but "unfortunately for them, this body [the JSC] saw it fit … and endorsed my appointment".

But acting SCA Judge Johannes Willem Ecksteen, who wants a permanent post at the court, said he was "surprised" by reports about the so-called "top six" and the court's toxic environment.

He added he had "no hesitation" in saying he never experienced any toxicity at the court.

Ecksteen said he had "enjoyed collegiality" with all his colleagues, adding he had never experienced a senior judge abusing a junior colleague.


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