Johannesburg — LACK of skills and experience is taking its toll on the judiciary, leading not only to poor commercial judgments but "horrifying" convictions and acquittals in criminal cases, according to Supreme Court of Appeal Judge Carole Lewis.

Lewis, former dean of the Wits Law School, launched a scathing attack on government policy in Johannesburg yesterday at an event hosted by the South African Institute of Race Relations and The Weekender, saying the preoccupation with black economic empowerment was keeping worthy white applicants from applying for judicial positions.

This, coupled with poor salaries for judges, had left the judiciary with vacancies, and weak judges in the high courts.

Judges were also struggling under increased political pressure, both from politicians and from legislation that could erode judicial independence by giving more power to the justice minister.

This was in contravention of the constitution, which was intended to divide executive, legislative and judicial powers, Lewis said.

"When it comes to major commercial cases, only 20 of the 63 judges (presiding over commercial cases) have commercial knowledge, and there are presently 23 vacancies in the Johannesburg and Pretoria courts, which are filled with acting judges who are reluctant to accept permanent positions," she said.

"And it's not only the commercial judges that are a problem. We have seen horrifying convictions and acquittals, which do not follow the fundamental principles of law."

Lewis said she felt that the judiciary had ensured that all senior positions were held by black judges, and it was time for appointments to be based solely on skills and experience.

White applicants were reluctant to apply for positions as they believed they would be rejected in favour of black applicants, she said.

"It was encouraging to see that for the first time in years senior white members of the bar are accepting nominations for positions, and are standing for positions in the Constitutional Court."

Lewis also took a hard line on politicians, who had become increasingly vocal about judicial decisions, and the pressure being placed on judges to toe a political line.

She cited the "ill-informed wrath" that greeted Deputy Chief Justice Dikgang Moseneke's comments at his 60th birthday party in which he emphasised the need for the independence of the judiciary, saying: "It's not what the African National Congress (ANC) wants or what the delegates want; it is about what is good for our people."

The ANC responded strongly, saying that judges appeared to have difficulty in shedding their historical leanings and political orientation. The ANC also suggested that its party president, Jacob Zuma, would not get a fair trial.

"Politicians should take lessons on the constitution and remember that they are not above the law," Lewis said.

"It's the constitution and not Parliament that is supreme, and they must be accountable to the constitution."

She said "crass, ill-informed threats" to the independence of the courts over the past three years included the Constitutional Amendment Bill and bills that regulated superior courts and judicial ethics, which were published without any consultation and temporarily withdrawn after complaints by the judiciary.

Lewis said the judiciary was not yet in crisis. "At the moment you should have full confidence in the judiciary. We see some weak judges in the higher courts but the system still works well. Ultimately justice will be done. I do not think we are in crisis yet."