Mkhwebane was one of eight people who were in the running to head the Constitutional Court, following Mogoeng Mogoeng’s retirement earlier in October. She isn’t the only nominee to pull out as Dr Wallace Amos Mgoqi is also no longer bidding for the top job.
“Dr Wallace Amos Mgoqi subsequently tendered his withdrawal from the nomination process on 04 October 2021. Adv. Busisiwe Mkhwebane also withdrew from the process on 27 October 2021”
There are now just six nominees left in the race: Deputy Chief Justice Raymond Zondo – who’s currently acting in the Chief Justice Post, Western Cape Judge President John Hlophe, Gauteng Judge President Dunstan Mlambo, Justice Mbuyiseli Madlanga, Advocate Alan Nelson SC and President of the Supreme Court of Appeal Mandisa Maya.
Chief Justice post: Ramaphosa making considerations
The panel overseeing the nominations for the Chief Justice submitted its report to President Cyril Ramaphosa, who is now giving consideration to their recommendations.
“After giving consideration to the recommendations of the panel the President will decide which candidate(s) from the shortlist presented to him by the Panel to refer to the Judicial Service Commission (JSC) and the leaders of political parties represented in the National Assembly for consultation in line with Section 174(3) of the Constitution,” the Presidency said.
The panel’s report cannot be made public yet as the candidates picked by Ramaphosa still need to go through a process of interviews by the Judicial Service Commission and consultation with the leaders of political parties represented in the National Assembly.