The presidency on Monday said Nkabinde would act in the position until it was filled.

"The president wishes acting Deputy Chief Justice Nkabinde all the best in this new role," it said in a statement.

Moseneke, 68, retired from the Constitutional Court on Friday.

Nkabinde had been a Constitutional Court judge since January 2006.

Complaint against Hlophe In 2008, Nkabinde and fellow Justice Chris Jafta alleged that Western Cape Judge President John Hlophe tried to influence their ruling in a corruption case involving Zuma and French arms company Thint in the multi-billion rand arms deal.

They lodged a complaint. The same year, Nkabinde and Jafta said in a joint letter that they did not want to proceed with the matter.

Subsequent to that, the two were part of a co-complaint which all Constitutional Court judges lodged.

In 2013, a Judicial Service Commission tribunal into Hlope's conduct was established. Nkabinde and Jafta however questioned its lawfulness.

ConCourt application dismissed

Their counsel submitted that the tribunal had not been properly appointed, that its rules were invalid, and that there was no complaint to investigate.

They then filed an application with the High Court in Johannesburg challenging the tribunal's lawfulness. In 2014, the application was dismissed and the tribunal was told it could continue.

Jafta and Nkabinde approached the Supreme Court of Appeal, which further delayed the tribunal. The SCA dismissed the case in March this year.

The two approached the Constitutional Court. Last week, the Constitutional Court dismissed the application by Nkabinde and Jafta for leave to appeal the SCA's ruling.

-News24.com