DURBAN - The Anti-Poverty Forum has lodged a complaint with the Public Protector’s office against Minister of Justice and Correctional Services Ronald Lamola, Deputy Chief Justice Raymond Zondo and Judge President Dunstan Mlambo on Monday.
The chairperson of the forum, Phapano Phasha, wants advocate Busisiwe Mkhwebane to urgently investigate the trio for probable violation of the constitution. It is alleged that Lamola wrote to Zondo instructing him to appoint Mlambo to act in the Constitutional Court.
The Public Protector spokesperson Oupa Segalwe confirmed that the complaint was received on Tuesday.
Mlambo’s appointment, which allegedly came as a direct influence of Lamola, came under scrutiny at the Judicial Service Commission (JSC) interviews, with the commissioners complaining about the integrity of the judiciary whose independence and credibility is facing serious threat and legitimacy from the public because of perceived or real external influence.
In Phasha’s complaint to the public protector’s office, he stated: “It is my contention that the conduct of Lamola equals impropriety or prejudice and abuse of power, among others. By so doing, committing maladministration on the background of occurrences at the recent Judicial Service Commission interviews for the position of the Chief Justice, which I have decided to lodge a complaint.”
Referring to the constitution he said: “The President may appoint a woman and a man to serve as an acting Deputy Chief Justice or Judge of the Constitutional Court if there is a vacancy in any of those offices, or if the person holding such an office is absent.
“The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting with the concurrence of the Chief Justice, and an appointment as acting Deputy Chief Justice must be made from the ranks of the judges who had been appointed to the Constitutional Court in terms of section 174(4). As the facts hereunder will demonstrate, it is clear that Minister violated this provision, thereby acting impropriety or with prejudice, as well as abusing his power, among others”.
Phasha explained that on April 30, 2021, the then Chief Justice Mogoeng Mogoeng wrote a letter to Lamola recommending Deputy Judge President Isaac Madondo and Judge Owen Rogers to act as Judges of the Concourt. Lamola ignored the letter and only responded two months after Mogoeng Mogoeng took leave.
“This lapse of time is very curious and suspect. In turn, and instead, Lamola recommended his preferred candidate, JP Mlambo, to be among one of the two judges to be considered and submitted to the President.
“Deputy Acting Judge, Zondo responded to the Minister, on July 9, 2021, stating something to the effect that, it is too late because there is no concurrence in terms of Section 175 (1). Interestingly, and despite all his initial objections, DCJ capitulated and wrote to the Minister, only on November 8, 2021, four months down the line, requesting Minister Lamola to recommend to the President that Mlambo be appointed.
“When asked about the seeming maladministration during the interviews, Zondo stated that the actions of the Minister are not a norm and were unusual. Furthermore, Zondo further accepted that, the letter of the July 2, 2021 from the Minister, effectively requested him Zondo to substitute Judge Rogers with Mlambo,” read the letter.
Segalwe said the complaint was registered and will soon be assessed for jurisdiction, after which a decision on the way forward will be made.
Daily News