The Application to set aside the decision of the Judicial Service Commission is being brought by Freedom Under Law, a regional organisation that seeks to promote and protect the Rule of Law in Southern Africa.
The decision to bring the Application was taken unanimously by six of the ten directors of FUL; three board members, Acting Judge Moroka and Advocates Gauntlett SC and Ntsebeza SC did not participate because of potential conflicts of interest, and communication was impossible with Ms Beatrice Mtetwa, the tenth member. FUL also consulted each of the South African or former South African members of its International Advisory Panel with whom contact could be made, i.e. four out of six.
FUL deeply regrets the resignation of Acting Judge Moroka and Advocate Ntsebeza from the Board and Mr Ramaphosa from the International Advisory Panel. FUL is, however, pleased to emphasise that they have not expressed opposition in principle to the Application and therefore trusts that at some stage in the future they might see their way clear to rejoining.
Judge Kriegler, the chairperson of FUL, wishes to apologise to the extent that personality issues involving him may have contributed to their decision to resign.
Needless to say, the Application proceeds and will be brought as speedily as possible.