"I am not Arrogant" Competition Appeal Court Bench candidate tells Julius Malema in JSC interview
By RolivhuwaRalinala (self media writer) | 3 months ago
One of two candidates for the Competition Appeal Court Bench instructed Judicial Service Commission (JSC) commissioner Julius Malema, in the course of her interview for a emptiness at the Bench, that she changed into not an boastful person.
Judge Denise Fisher was responding to a query from Malema approximately a judgment she had written on competition law (Competition Commission vs Beefcor), which become overturned with the aid of the Constitutional Court.
"You can't be proud of a incorrect judgment that receives overruled with the aid of the Constitutional Court because then you definitely are suggesting that the judgment of the Constitutional Court is not worth the paper it's written on," Malema put to her.
He persevered:
Because, as a judge of the lower courtroom, when being corrected by a higher courtroom just like the Constitutional Court, you should have the ability to mention well, I accept and I even have learnt from that and pass forward due to the fact I go away here with an know-how that you may be happy with being wrong as a judge because this is the impact I am getting.
She responded: "I receive that the Constitutional Court turned into right. Obviously, I do, and I take delivery of that my judgment has been overturned. But the way wherein I reasoned, it handled the two alternatives that may be followed within the interpretation," Fisher stated at some point of her virtual interview on Monday.
Malema questioned whether or not the Constitutional Court's overturning of Fisher's judgment intended that her judgment become incorrect.
Fisher responded: "It can mean that, despite the fact that you have got tested the numerous concepts within the case...You opted for an interpretation that changed into not in accordance with the translation that the Constitutional Court opted for. So, I assume in simple language, it approach the Constitutional Court became saying sure, the Competition Court opted for the incorrect interpretation. It doesn't imply that that interpretation wasn't always a viable interpretation".
But Malema turned into now not satisfied with that response and probed in addition, announcing that once a count is appealed to a higher court docket, it means that the decide can both be right or wrong. He stated he did not need to leave with the impact that Fisher became "conceited" whilst a higher court corrects her.
"I am now not an conceited character. What I am expressing isn't vanity on the idea that I am pronouncing, nicely the Constitutional Court changed into wrong and I changed into right."
What I am pronouncing is that I am happy with the judgment because of the reasoning in it and due to the fact the reasoning become no longer thrown out by means of the Constitutional Court. The Constitutional Court commonplace that there had been possible interpretations within the same manner that I did, but they said that the opposition attraction Bench had opted for the interpretation that they did no longer approve.
"So, in simple phrases, they stated yes, you are wrong, but you could be wrong and nevertheless be happy with your reasoning for your judgment," she defined.
Fisher added up the instance of a dissenting judgment, stating that you could nevertheless be proud of it even though it is not the judgment of the court.
But Malema quickly interjected, mentioning: "You have been no longer dissenting. You have been overturned. To say you're happy with it and compare it to a dissenting judgment borders on conceitedness. Would I be incorrect to take that route?"
"I suppose I dealt well with the ones two alternatives. The fact that I chose the wrong one doesn't imply that I failed to work via the problem in a realistic, reasoned style," Fisher stated.
The interview, which lasted more than an hour, changed into followed by way of the interview of the second candidate, Judge Norman Manoim, whose interview took less than 30 minutes.
According to Judges Matter, Manoim – a High Court decide – spent extra than two decades because the deputy and later because the chairperson of the Competition Tribunal.
Advocate Tembeka Ngcukaitobi, SC, defined him as "South Africa's main expert in competition law
Content created and supplied by: RolivhuwaRalinala (via Opera News )
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