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OPINION| Advocate Busisiwe Mkhwebane Will Not and Cannot be Appointed as Chief Justice

The majority of us in South Africa have just but resigned ourselves to be aloof, despondent, indifferent, ignorant, irresponsible, passive, gullible and simply carefree when it comes to matters to do with how our country is managed and it's associated current affairs! It seems to me that we have just decided to let leaders do as they please and whatever happens, we outsource our responsibility into God's hands!


The one issue that I avoided to enter into was the question of the appointment of the Chief Justice. I was waiting with keen interest, the views of ordinary South Africans in this regard! But, as we all would know, to no avail. We were all dead silent! The appointmentof a ChiefJustice, constitutionally, is the prerogative of the State President, of course after a few steps shall have been taken. The State President, either by commission or omission, decided to let the us, the public, nominate what we deem to be suitable candidates. This was bound to be disastrous, I thought. And indeed, I was correct!


Common logic should tell us that a candidate for a suitable Chief Justice must be a person who has grown in that field over time, gained the requisite practical knowledge and experience in the process. A person who has presided over complex legal matters. A mere possession of qualifications can never qualify on to be a Chief JusticeBut guess what, one of the shortlisted candidates for Chief Justice, is Adv. Busisiwe Mkhwebane. Now, my views, about her have absolutely nothing to do with her work as a Public Protector in this context.


To the best of my knowledge, I am not aware, that she has ever practiced as a prosecutor, a magistrate, a judge, a practicing attorney or advocate. How did she even get shortlisted? It seems we sometimes conflate our personal interests with national interests. We have resigned ourselves to the fact that every public appointment should be cadre deployment. Our objectivity is completely subservient to our subjectivity. Our logical thinking is completely obscured in most matters affecting our country.

In this shortlisting of the Chief Justice candidates, one cannot ignore the temptation that, more than professional considerations, party political interests played a major role. 


By all accounts, Adv. Busisiwe Mkhwebane will not and cannot be appointed as Chief Justice. Not because she is a woman, but because she is simply not fit for purpose. But, her non appointment in itself, is going to lead us into party political debates, rather than, whether she was "overlooked" on professional grounds! Just wait and see

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