Judge snubbed at ‘unfriendly’ SCA among recommended candidates

FREE State Judge President Mahube Molemela has described her shock at finding some “cold and unfriendly” colleagues at the Supreme Court of Appeal (SCA) when she acted as a judge in that court last year.

Molemela is one of nine candidates interviewed by the Judicial Service Commission (JSC) for three positions at the SCA.

Some judges who have had acting stints at the SCA had described an unwelcoming environment there.

When asked by Chief Justice Mogoeng Mogoeng how she found her acting stint at the SCA last year, Molemela said her experience there was a mixed bag.

“There were colleagues who were going out of their way to make us feel welcome. Unfortunately there were colleagues who were cold and unfriendly.”

Molemela recounted how she had on two occasions greeted a permanent judge she knew and been snubbed when he did not return her greeting.

“For me it was really a shock to find an environment where a colleague can hardly afford to say hello when you say hello.”

However‚ Molemela pointed out that those judges were in the minority and most were very welcoming.

Also being interviewed, Johannesburg High Court Judge Moroa Tsoka said he was unfazed by the fact that some SCA judges seemed not to welcome him during his two acting stints at that court.

“I was fortunate that the majority of judges from the SCA come from Johannesburg. Some of them, we run together. Some of them are my personal friends.

“Those who did not welcome me‚ I took it as such. You cannot be loved by all people‚” Tsoka said.

Johannesburg High Court Judge Pieter Meyer was asked by SCA president Mandisa Maya yesterday: “Why should you be appointed over women and black candidates vying for these very same posts who had not had the opportunity to hone their legal skills as sharply as you have as a white male?

“The simple question is: how do we transform the SCA without weakening its intellectual capacity?” Maya asked Meyer.

Meyer said he did not think that Maya’s question was unfair. “I am on record in this commission. I have said I believe absolutely in transformation, and the only reason why I make myself available is in case there is a slot for me.

“But that is what the commission needs to decide and I know that you have got a very difficult function

“I think I am equipped to take my 31 years experience now into the SCA.”

Molemela‚ Johannesburg High Court Judge Tati Makgoka and Western Cape High Court Judge Ashton Schippers have been recommended by the Judicial Commission for appointment to the SCA.

The JSC made this announcement after it interviewed nine candidates on Monday and yesterday. The recommended appointees could be viewed as a bid by the commission to ensure a greater race and gender representation at the SCA.

Johannesburg High Court judge Colin Lamont withdrew his application and he was not interviewed.

The commission’s recommendations will be sent to President Cyril Ramaphosa‚ who will make the final appointments.