Motlotlegi Mmusakgotla [Hon Speaker], the UCDP welcomes and supports the President's choice of Justice Mogoeng Mogoeng as Chief Justice. We have observed with dismay and disappointment the controversial remarks from different sources, political and otherwise. Some went as far as alleging that the President did not follow constitutional precepts in his nomination of Justice Mogoeng.
We have an opinion on the matter and shall state it unequivocally: section 174(3) of the Constitution grants the power to appoint a Chief Justice solely and exclusively to the President. [Applause.]
The President is further required to consult with leaders of opposition parties represented in the National Assembly and also with the Judicial Service Commission. But the consultation is exactly that - a consultation, not a negotiation, not a mediation, not an interview and not a cross- examination of the President's choice. [Applause.] Consultation is purely a formal exchange between the parties, with the intention of ensuring that essentials have been met. Yes, Judge Mogoeng is young and some add that he is inexperienced, but this is not unheard of. Our very own Justice Arthur Chaskalson had no judicial experience of judgments whatsoever when he was appointed chief justice. [Time expired.] [Applause.]