Supreme Court of Appeal President Justice Mandisa Maya interviewed for the position of Chief Justice in Johannesburg, 2 February 2022, the only female Chief Justice nominee among four candidates. Picture: Nigel Sibanda
Political parties have overwhelmingly welcomed the Judicial Service Commission’s (JSC) recommendation of Supreme Court of Appeal (SCA) President Mandisa Maya for the position of South Africa’s next Chief Justice.
Although the JSC has found itself on the receiving end of sharp criticism over the lines of questioning by some of its members during last week’s interviews for Chief Justice, political parties believe that Judge Maya is the right candidate for the job.
The other candidates shortlisted by President Cyril Ramaphosa for the top judicial post were acting Chief Justice Raymond Zondo, Constitutional Court (ConCourt) Justice Mbuyiseli Madlanga and Gauteng Judge President Dunstan Mlambo.
It will now be up to Ramaphosa to make the final call on who to appoint as Chief Justice.
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The African Christian Democratic Party (ACDP) lauded the JSC’s recommendation of Judge Maya, saying should Ramaphosa appoint her for the top job, it would be a historic moment for the country as she would be the first woman to lead the country’s judiciary.
ACDP MP Steve Swart said Maya had shown herself to be capable of running the SCA in Bloemfontein and, if appointed, she could bring the same expertise to the ConCourt.
“The ACDP notes the recommendation by the JSC on SCA president Justice Maya as the new Chief Justice. Should president Ramaohosa accept the recommendation, it will indeed be a historic first for the country. A woman holding the highest judicial position,” Swart said.
The Congress of the People (Cope) said it was unfortunate that the selection of the Chief Justice was “turned into a political football” by some commissioners of the JSC.
“For the first time in the history of our country a woman was recommended to become the Chief Justice of our country, but sadly the entire process was bedeviled by political agendas and vicious attacks on individuals.
“This brings a lot of questions on the process of selecting and recommending the best and proper person for the job,” said Cope spokesperson Dennis Bloem.
African Transformation Movement (ATM) congratulated Judge Maya for being recommended for the job.
The party’s spokesperson Sibusiso Mncwabe said they observed all the interviews of the four candidates and they were convinced that the decision by the JSC was “sound, rational and meritorious”.
“Unlike any of her competitors, Justice Maya’s age allows her a unique opportunity to complete her full term uninterrupted and thus she will be able to see her vision through,” Mncwabe said in a statement.
“The ATM is impressed with Justice Maya’s track record on various aspects that were probed by the interviewing panel, whether it be leadership skills, administrative capacity, technical skills including writing hundreds of judgments, some of which were in an indigenous language, isiXhosa.”
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Al-Jama-ah party leader Ganief Hendricks said they were confident that Ramaphosa would appoint Maya for the top judicial post.
“However, when we had to write to the president, we said we could not pick up from the CVs any experience, understanding and application of African jurisprudence and a will to Africanise our common law.
“But we feel that Judge Mandisa Maya would not have a quarrel to do so. We asked the president to raise this issue directly with the four candidates before he makes his appointment,” Hendricks said.
The National Freedom Party (NFP) also welcomed the JSC’s recommendation of Judge Maya.
“Of all the contestants, Judge Maya has demonstrated that she is the most suitable candidate because of her experience.
“Our firm view is that her recommendation has got nothing to do with the colour of her skin or her gender, it is merely because she is competent and has got an impeccable track record in the judiciary and the justice system in the whole,” the NFP said in a statement.
Meanwhile, Maya’s recommendation for the position of Chief Justice could face a hurdle, after some civil society organisations said the interviews were not fair.
Paul Hoffman, the director of Accountability Now, had also told The Citizen he believed Maya’s interview had been “unnecessarily polluted by the comments made because she is a woman”.
During her interview, Maya was asked why she, as a woman, would be a suitable appointment. She responded that she was good “not simply because I am a woman. I’m just a good woman judge”.
Legal experts are now saying these lines of questions did not provide a fair chance for the four Chief Justice candidates.
According to the Sunday Times, the Helen Suzman Foundation (HSF) is speaking to other NGOs about legal action to challenge the interviews, which it labelled “tainted” and “irrational”.
Compiled by Thapelo Lekabe
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