‘Justice Edwin Cameron is unquestionably one of the very finest judges produced in SA. His is a voice of legal clarity and moral authority. Thus, when he recently analysed the reasons for the inability of the South African legal system to respond to the so-called Stalingrad legal strategy, designed to prevent the final resolution of important litigation, his contribution to a debate that goes to the very legitimacy of the legal system needs an urgent response.’

Writing on the Daily Maverick site, the anonymous legal expert ‘Professor Balthazar’ says Cameron raised the role of the Legal Practice Council – ‘at best is somnambulant when confronted with a serious complaint against a legal practitioner, or at worst, will not touch a case where the Stalin grad strategy is employed’.

He says Cameron noted that the judiciary has not acted firmly enough to deter this strategy.

He says former President Jacob Zuma’s recent application for rescission of the order of the Constitutional Court ‘is a fine example of the problem’, as is the news that the Public Protector is to make a similar application.

‘So we now may have a system where a party who loses, and not even by a close margin, seeks, in effect, a further appeal to the very same highest court, albeit dressed up as a rescission application. This disturbing possibility needs to be considered together with the relative ease that appeals are heard, in itself fuelling perhaps not Stalingrad but the trench warfare of World War 1.’

Cameron suggested that unscrupulous clients and lawyers, the Legal Practice Council and judges themselves were responsible for the success of the Stalingrad strategy.

Balthazar says the JSC could be added to this list.

He cites its ‘Orwellian conduct’ during its latest hearing of applicants for judicial appointment – noting there were no new ones for the Constitutional Court other than seven of the eight who applied last time.

‘But with the obvious exception of a few of those applicants, it is truly difficult to argue that this complete list represents the very best judges who sit on the Bench of South African courts. And now, no other judge has bothered to apply, notwithstanding the considerable ability and experience of many. It is a damning reflection that at this crucial time for constitutional democracy in this country, the cupboard is only filled by the same list.’

Balthazar says all key judicial institutions need to rise to the challenge, because ‘the legitimacy of our legal system and the rule of law are now under more question than at any other time since the dawn of democracy’.

Full analysis on the Daily Maverick site