CCT46/11

[2011] ZACC 29

2012 (1) BCLR 1 (CC)

The Court

29 September 2011

http://hdl.handle.net/20.500.12144/3482

This judgment is the judgment on Reasons for Postponement. See also the later related case: Hlophe v Premier of the Western Cape Province, Hlophe v Freedom Under Law and Other (CCT 41/11, CCT 46/11) [2012] ZACC 4; 2012 (6) SA 13 (CC); 2012 (6) BCLR 567 (CC) (30 March 2012). See also earlier High Court judgments: Premier, Western Cape v Acting Chairperson, Judicial Service Commission 2010 (5) SA 634 (WCC); 2010 (8) BCLR 823 (WCC) and Freedom Under Law v The Acting Chairperson: Judicial Service Commission and Others Case No 63513/09 North Gauteng High Court, 10 December 2010, unreported

Written reasons for the postponement of this matter. After the matter had been set down for oral argument on 22 September 2011, the Court issued directions postponing the hearing to 29 November 2011. Justices Nkabinde and Jafta recused themselves from consideration of the matter from the outset. When Deputy Chief Justice Moseneke later decided he also recuse himself from the case, it became necessary to postpone the matter since there would not be a quorum of judges available to hear it. The case would be heard later when it was anticipated that an acting judge would have been appointed as part of normal Court functioning.