Out to change a man’s world
Appeal court president itching to have more women judges in SA
The Bloemfontein office on the upper floor of the Supreme Court of Appeal where Justice Mandisa Maya – the first female president of the SCA – works‚ exudes a strong masculine feel‚ with dark couches and wooden cabinets laden with books‚ awards and art work hanging on the wall.
“I actually think having a woman in the office is a good thing. It is a fact – studies have proven this over and over again – women make better managers. Their style of management is all-encompassing. It is inclusive‚ they are empathetic; they are consultative. They are able to easily move everyone along with the rest. I don’t foresee any special challenges because I am a woman‚” a soft-spoken yet assertive Maya said.
Maya – who now occupies the third highest position in the country’s judiciary‚ after the Chief Justice and Deputy Chief Justice – says studying law was never part of the plan. “I thought I was going to be a doctor. I was persuaded that I was doctor material.
“I was turned off by the notion of studying medicine after seeing a medical text-
‘‘ I don’t have fiveand 10-year plans. I take each day as it comes.
book with all the pictures. One had not really thought about what studying medicine entailed and I saw that they do postmortems‚ deal with blood and gall and all that. As fickle as that may sound‚ that is what turned me off‚” she said.
Maya‚ a married mother of three‚ admits her achievements have come with sacrifices‚ which included being away from her children when they were young.
Her eldest daughter is following in her footsteps and pursuing a career in law.
Maya shared her views on the state of the country, the state of the judiciary and her plans going forward.
While her appointment has mostly been welcomed‚ a friend forwarded her some commentary from social media after the May announcement by President Jacob Zuma‚ questioning whether she had been captured‚ labelling her as “Zuma’s type”.
“My work will speak for myself. That is all I can say,” she said.
While gender advancement may have played a role in her securing the post‚ she said‚ her experience made her a suitable candidate. Her peers agree.
Two legal representatives who worked with Maya before her appointment as SCA president described her as meticulous in executing her judgments‚ adding that she was “perfect” for the job.
When Maya was interviewed for the position before the Judicial Services Commission earlier this year‚ she made startling revelations of the divisions which apparently existed in the SCA among judges at the court. She revealed how black judges occupied one side of the tearoom and white judges the other. After Maya stepped in as acting president of the SCA‚ she took judges to diversity seminars where integration was fostered.
She showed reluctance to speak on these issues‚ saying “they have all moved on” and focus needed to be given on other issues‚ such as gender representation in the court.
“There are very few women judges in the court. I am itching and salivating to change that‚” she said‚ adding that she would be on the lookout for competent female judges.
While the fate of many and decisions on crucial issues at times lie solely in the hands of the justice system‚ Maya stressed that judges are human too. “We are not Solomon. You can’t always make the right decision‚” Maya said, referring to the wise biblical King Solomon.
Looking back at her judicial career‚ one case where she felt it was hard to exercise the wisdom of King Solomon happened years back when she practised as a magistrate in Butterworth.
There‚ she convicted an abused woman in her 20s of murder. The woman was a mother of two who was angry that her husband had started an affair with a younger lover in a shack that they once shared.
“He was close to 40 and she was in her teens around 17 or 18 [when they got married]. When she was in her 20s‚ he started abusing her. There was a very young girl and he would insist on bringing her to their home. Ultimately‚ he kicked her out of the shack‚ their home‚” said Maya.
“She decided to get petrol and douse the shack with it in the middle of the night and set it alight. Her husband and this young girl died in there.”
Maya said she was haunted by what happened to the two young children and saw that the woman herself was a victim in the situation. “I kept thinking‚ she probably had a battered woman’s syndrome … It was a vicious circle.”
In recent weeks‚ the country has been reeling after a number of young women were killed by men known to them. Maya said she was stumped by it all. “Violence against women is nothing new in our society‚ come to think of it‚ but now it has taken another dimension where young women seem to be at a particular risk and one just doesn’t know where that comes from.” Maya said she had also seen numerous cases where elderly women were killed in the most gruesome manner when they were suspected of being witches.
“We need to go back and cure the cause. I don’t know what the cause is but clearly we are a deeply wounded society‚” she said.
Maya acknowledged that South Africa was facing tribulations.
“The country faces serious challenges. I can only speak for the judiciary. A huge amount of the work that comes into courts today concerns disputes that challenge decisions made by other arms of government. It is unfortunate but that is our reality … We have the laws to deal with these situations.”
What is next for the woman who holds one of the most powerful judicial seats in the country?
“I don’t have five- and 10-year plans. I take each day as it comes. I work hard every day‚ and in five or 10 years‚ I will have achieved whatever goals and crossed off things on my bucket list as I go along‚”