For those with only a vague idea of how the South African judicial system works, it is a little baffling why everyone — okay, admittedly, mainly the DA — is kicking up such a fuss about Zuma's new appointments to the Judicial Services Commission (JSC).

The JSC is supposed to be a fairly politically-neutral body that ensures that the independence of the judiciary is maintained. But, with 12 of the 23 spots now filled by either ANC politicians or candidates nominated by Jacob Zuma, there is some concern that the independence of the body has been compromised.

The recent spat between the Constitutional Court judges and the Cape Judge President Hlophe — and the resulting farcical JSC hearing — has reinforced the notion that politics and the judiciary are not as independent of one another as they should be. Considering that the JSC selects the candidates for the Constitutional Court appointments, there is some concern that the body has been loaded in favour of the controversial (but pro-Zuma) Judge Hlophe.

We take a look at the four candidates recently appointed by the president to replace out-going George Bizos, Kgomotso Moroko, Seth Nthai and John Ernstzen.

Ismael Semenya

Ismael Semenya made headlines earlier this year when he stepped down from the Johannesburg Bar Council in protest after it failed to promote some of his preferred candidates to senior council. While Semenya claimed that he did so on moral grounds — that the council was not committed to transforming the judiciary — Noseweek made it known that one of these candidates was, in fact, Semenya's business partner.

Notable cases include:

Dumisa Ntsebeza

A political prisoner from 1976 to 1981, Dumisa Ntsebeza became the first African advocate in the history of the Cape Bar to be conferred to the status of silk (senior counsel). He headed up the TRC's Investigation Unit and is currently a board member of the Desmond Tutu Peace Trust, a trustee of the Nelson Mandela Foundation and involved in the Save Zimbabwe Now! solidarity campaign.

A long-time ally of Judge Hlophe, Ntsebeza resigned from the Cape Bar Council over the position it took regarding Hlophe's allegations racism in the Cape High Court. However, their relationship may subsequently have cooled after Ntsebeza was fired by Hlophe for "messing up" his case at the Supreme Court of Appeal against the Constitutional Court judges.

Perceived by some to be a racial nationalist, who would oppose the appointment of any white lawyers to the bench, Ntsebeza is the chairperson of the Black Lawyers Association in the Western Cape.

Notable cases include:

Vas Soni

Much of the work that Vas Soni has done over the past few years has been for the state, leading some to believe that he is a little too close the government for a position on the JSC.

As an Acting Judge, Soni ordered the gagging of the Mail & Guardian over the allegation that Imvume Management had improperly diverted R11-million into the ANC election coffers. He put forward the right to privacy and dignity (over the right to freedom of expression and the public's right to know) as the grounds for his ruling. In a clear indication that Soni's ruling was probably not the correct one, the ANC later returned the money.

Notable cases include:

Andiswa Ndoni

The first female head of the Black Lawyers Association, Andiswa Ndoni founded the Practical Law School in East London and previously headed up the BLA's Legal Education Centre. Like Ntsebeza, she is regarded by some as a racial nationalist.

This perception has been further entrenched by her comments on her nomination: "It means now we have to stop being a voice from outside the process, but implement the things we have been advocating for — a clear transformation stance."

Concerns, from parties such as a DA, over the appointment of Ndoni stem from the belief that she will put the transformation agenda over fealty to the principles of the law. Ndoni has made it clear that she believes that Hlophe is a victim of persecution and that attempts to impeach him cannot be separated from the fact that he raised the issue of racism in the judiciary.

What do you think of President Zuma's JSC appointments? Do you care? Share your thoughts below…

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