Radebe defends Mpshe’s appointment

By Ofentse Mokae
18 February 2010

Following mounting concerns and objections in the legal fraternity over the appointment of the former acting National Director of Public Prosecutions Advocate Mokotedi Mpshe as acting Judge for the North West high court, Justice Minister Jeff Radebe has strongly defended and backed this decision.

Radebe who was addressing the media at parliament today said Mpshe’s appointment was constitutional and that it was his prerogative to do so.

“As the cabinet member responsible for the administration of justice, it was my prerogative to appoint acting judges to other courts after consulting the senior judge of the court on which the acting judge will serve,” said Radebe.

Radebe explained that it is beyond dispute that the appointment of judicial officers is an executive function, he said he was responsible for acting judges while the President appoints permanent judges.

However the concerns raised by various legal formations were that Mpshe’s appointment as a former state employee violates the principle of judicial independence and many believed this was unconstitutional.

Radebe refuted this by saying “the constitution contains adequate checks and balances to guard against the erosion of the independence of the judiciary and the infringement of the rule of law”.

He brushed off ideas that Mpshe’s appointment could be that he was rewarded for his withdrawal of corruption charges against President Jacob.

“I will never act on the basis of what rumours say there is no reward whatsoever as far as I’m concerned, he is a South African citizen an advocate of the high court of the Republic of South Africa, he is a fit and proper person appropriately qualified to be appointed as an acting Judge and that’s precisely what I have done,” argued Radebe.