A race to fill two top posts in the Eastern Cape High Court has exposed sharp differences between advocates and attorneys in the province – and potential racial divisions.
Mthatha judges Lusindiso Phakade and Zamani Nhlangulela have been nominated as deputy judge-president (DJP) by the Transkei Society of Advocates (TSA) and Transkei Attorneys’ Association (TAA) respectively.
But lawyers said the differences between the two branches of the profession did not signal deeper, more sinister, political divisions.
Phakade previously acted in the position and Nhlangulela is the acting DJP.
TSA chairman Vusumzi Msiwa said this week that the appointment was crucial to help the Mthatha High Court onto a good footing, following concerted criticism in recent times.
“For that office to discharge the administrative duty efficiently, that person needs to be given unlimited and unhindered authority.”
The Black Lawyers Association (BLA) has supported Nhlangulela for the Mthatha position, although it said in a letter of support that “he just has to put his foot down” in managing the court.
In the vacancy for the Bhisho DJP position, newly-appointed judge Selby Mbenenge is among those nominated, apparently in a move to secure the position of provincial judge-president when incumbent Themba Sangoni retires in 2017, as suggested in some circles.
Mbenenge, who took up his permanent position on the bench only last month, has been nominated by the Bhisho Society of Advocates, BLA, TAA and National Association of Democratic Lawyers (Nadel).
The most senior judge among the four nominated for Bhisho, Dawid van Zyl, has been nominated along with his colleagues Mandela Makaula and Nhlangulela, and also enjoys the support of the BLA.
However, in its letter of nomination, the BLA warned against “the sensitive issue” of elevating Mbenenge – who was “appointed as a judge recently” – instead of Van Zyl.
Supporting Van Zyl’s record, the BLA said: “The main problem in this country is that a person gets judged by the colour of his skin and not by the content of his character.”
The organisation said Van Zyl had joined the Transkei Bar when it was unusual “for whites to practise in that part of the Eastern Cape”. In addition, he had been acting in the DJP position in Bhisho for three years.
BLA chairman Elias Makhanya wrote in the rationale supporting Mbenenge, “it seems to be that the profession is looking at the future” if Sangoni retires. Mbenenge “is a good candidate for that position. He has the character for the JP’s position and can pull the Eastern Cape division in the right direction”.
Makhanya noted that while the BLA also supported Makaula, the organisation was concerned that “he takes time to write judgments”.
The Mthatha advocates have also backed Van Zyl for the Bhisho position, with Msiwa saying this week that apart from historical associations, “we know his experience and aptitude”. — rayh@dispatch.co.za
Search on to fill two EC judicial posts
Mthatha judges Lusindiso Phakade and Zamani Nhlangulela have been nominated as deputy judge-president (DJP) by the Transkei Society of Advocates (TSA) and Transkei Attorneys’ Association (TAA) respectively.
But lawyers said the differences between the two branches of the profession did not signal deeper, more sinister, political divisions.
Phakade previously acted in the position and Nhlangulela is the acting DJP.
TSA chairman Vusumzi Msiwa said this week that the appointment was crucial to help the Mthatha High Court onto a good footing, following concerted criticism in recent times.
“For that office to discharge the administrative duty efficiently, that person needs to be given unlimited and unhindered authority.”
The Black Lawyers Association (BLA) has supported Nhlangulela for the Mthatha position, although it said in a letter of support that “he just has to put his foot down” in managing the court.
In the vacancy for the Bhisho DJP position, newly-appointed judge Selby Mbenenge is among those nominated, apparently in a move to secure the position of provincial judge-president when incumbent Themba Sangoni retires in 2017, as suggested in some circles.
Mbenenge, who took up his permanent position on the bench only last month, has been nominated by the Bhisho Society of Advocates, BLA, TAA and National Association of Democratic Lawyers (Nadel).
The most senior judge among the four nominated for Bhisho, Dawid van Zyl, has been nominated along with his colleagues Mandela Makaula and Nhlangulela, and also enjoys the support of the BLA.
However, in its letter of nomination, the BLA warned against “the sensitive issue” of elevating Mbenenge – who was “appointed as a judge recently” – instead of Van Zyl.
Supporting Van Zyl’s record, the BLA said: “The main problem in this country is that a person gets judged by the colour of his skin and not by the content of his character.”
The organisation said Van Zyl had joined the Transkei Bar when it was unusual “for whites to practise in that part of the Eastern Cape”. In addition, he had been acting in the DJP position in Bhisho for three years.
BLA chairman Elias Makhanya wrote in the rationale supporting Mbenenge, “it seems to be that the profession is looking at the future” if Sangoni retires. Mbenenge “is a good candidate for that position. He has the character for the JP’s position and can pull the Eastern Cape division in the right direction”.
Makhanya noted that while the BLA also supported Makaula, the organisation was concerned that “he takes time to write judgments”.
The Mthatha advocates have also backed Van Zyl for the Bhisho position, with Msiwa saying this week that apart from historical associations, “we know his experience and aptitude”. — rayh@dispatch.co.za
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