Presidency defends ConCourt appointment
The Presidency has responded to complaints by the leader of the Economic Freedom Fighters (EFF) over the nomination of Justice Raymond Zondo as Deputy Chief Justice.
In an open letter, Malema complained that President Jacob Zuma overlooked Justice Bess Nkabinde for the position.
In a statement, the Presidency explained that a judge can only serve as a constitutional judge for 12 years.
"We have noted in particular the complaints that the President has not nominated the Acting Deputy Chief Justice, Bess Nkabinde to fill the vacancy of Deputy Chief Justice of the Republic and it should be noted that according to Section 176 of the Constitution, Constitutional Court judges hold office for a non-renewable term of 12 years," the presidency said.
Nkabinde will be discharged from active service on 31 December 2017 and therefor cannot be nominated as Deputy Chief Justice.
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"She has already served 18 years as a Judge and it is mandatory that she retires on the completion of the 12 year term at the Constitutional Court," the presidency said.
"The President holds the Acting Deputy Chief Justice in very high regard and appreciates the fact that the EFF has thought of her as worthy of nomination."
The presidency said the President does not have powers to extend the term of a Constitutional Court judge after serving a full term.