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The Urgings of a Friendly Founding Father: Kader Asmal as Amicus Curiae in the South African Judicial Service Commission Case

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Chapter Summary

This chapter highlights the submissions that Professor Asmal advanced: in particular his contention that the Judicial Service Commission's (JSC's) failure to deal with the complaint amounts to dereliction of its constitutional duty to protect the independence of the judiciary by properly examining the complaints relating to apparent executive interference with the judicial office. It attempts to throw light on the fascinating and analogous case of Veriava and Others v President, SA Medical and Dental Council and Others. Then, the chapter examines the reactions and untenable positions displayed respectively by the JSC and Judge Hlophe towards Kader Asmal's application to appear as amicus curiae in the matter. Later, it turns to a substantive examination of the merits of the argument presented by the amicus curiae against the context of the established South African case law and international jurisprudence.

Keywords: amicus curiae; international jurisprudence; Judge Hlophe Saga; judicial service commission (JSC); professor Kader Asmal; SA medical and dental council; South African case law; Veriava



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