Johnathan Paoli
The EFF has denounced the appointment of retired Judge Zak Yacoob as an advisory judge, at Constitutional Court, by Chief Justice Raymond Zondo, and said this appointment raises serious concerns about potential conflicts of interest, undermines the principles of judicial impartiality, and ultimately disrespects the South African public’s right to a fair and independent judiciary.
The party issued a statement on Tuesday and said that the appointment worryingly occurred in an envelope of secrecy until inquiries were made and there was public uproar, and only then did the Chief Justice reveal that Yacoob’s appointment was aimed at assisting in reviewing appeal cases before the court.
The role of advisory judge involves offering support services to the court’s justices, with the goal of alleviating the substantial workload emanating from the court’s expanded jurisdiction; including drafting memorandums for new applications,subsequently to be reviewed and potentially adopted or modified by the assigned justices.
EFF spokesperson Sinawo Thambo said the selection process for Yacoob’s appointment, and whether it was a transparent, public recruitment process remained unclear and that question arose regarding his suitability for the post, given his history of political affiliation within the ANC, racism, misogyny, and general misconduct in previous position he held.
Yacoob’s past has been a tumultuous and drama-filled journey, from his publicly stated prejudicial statements, in particular his prejudicial pronouncements suggesting his refusal to give former president Jacob Zuma a fair trial to what many have called an inappropriate relationship with Public Enterprises Minister Pravin Gordhan.
In 2019, Yacoob was recorded on tape repeatedly pressuring the previous director of the KwaZulu-Natal Blind and Deaf Society Shamilla Surjoo to drop her case against the organisation of which he was president at the time.
In 2021, Yacoob was compelled to step down from the interim board of Cricket SA after mistreating a Black journalist Tiisetso Malepa, following his questioning of the judge over his misogynist treatment of a woman member of the Cricket SA board.
The EFF spokesperson said there is ample evidence of Yacoob’s unsuitability for a position which demanded the highest ethical standards and impartiality and that allegations of racism, misogyny and arrogance further damaged his public image and more importantly raised concerns about his character.
“The South African judiciary must uphold the highest standards of integrity and impartiality to maintain public trust. Yacoob’s appointment, with its inherent conflicts of interest and questionable conduct, falls far short of these standards. The EFF stands firm in its commitment to defending judicial independence and ensuring justice prevails for all South Africans,” Thambo said.
Thambo said that the Red Berets would be writing to the Minister of Justice and demand a full and transparent explanation of the criteria and process employed in selecting Yacoob for this position, as well as calling for his immediate removal from any advisory role within the ConCourt.
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