Favouritism, politicking at chief justice interviews denounced
Final decision rests with President Cyril Ramaphosa
President Cyril Ramaphosa has a chance to make history by appointing the country’s first female chief justice.
Yesterday, the Judicial Services Commission (JSC) recommended Supreme Court of Appeal President Mandisa Maya to ascend to the country’s highest position in the judiciary.
Maya’s recommendation came after four days grilling of the four candidates shortlisted by Ramaphosa.
She faced off with acting Chief Justice Raymond Zondo, who had to conceal his physical address following threats to his life and that of his family, Judge President of the Gauteng High Court division Dunstan Mlambo, and Judge Mbuyiseli Madlanga, a judge at the Constitutional Court.
After the conclusion of the marathon session, the ball is now in Ramaphosa’s court to apply his mind to appoint the next chief justice.
The Black Lawyers Association (BLA) said although the association was reasonably happy with the robustness of the panel, there should be standardised guidelines to avoid a temptation from some commissioners to settle old scores.
We are concerned about unfounded allegations put to candidates
“Our view after observing the recent interviews is that moving forward, there should be written guidelines on how to operate. This will protect the dignity and the rights of those being interviewed,” said Maswazi Bayethe, speaking on behalf of the BLA.
The association also hailed the decision to have the interviews screened live, saying it deepened democracy.
“The public can see for themselves and are able to judge as to who were the best candidates. It brings an element of public confidence into the process.”
The association said MPS and academics were a crucial part of the process of identifying a suitable candidate to head the judiciary, but they should resist trying to ask questions as legal gurus.
“Politicians and academics must resist the temptation to ask questions as if they are legal minds. They must stick to their lane and ask questions that are of public interest and their oversight work as politicians,”
On the strength of the candidates, the BLA said it was impressed with how Zondo interpreted his understanding of the law and remained calm and collected despite facing hardhitting questions.
Whoever emerges victorious will replace retired Chief Justice Mogoeng Mogoeng.
Mogoeng was appointed back in 2011 by former president Jacob Zuma, making him the fourth chief justice under the democratic dispensation.
Dan Mafora of the Council for the Advancement of the South African Constitution (Casac) said Ramaphosa was spoilt for choice.
“The interviews went relatively well, but we are concerned about aspects of the JSC’S questioning, especially the prevalence of unfounded allegations put to candidates without warning. All the candidates did well, but Mlambo and Maya answered the questions put to them fully and cogently.”
Casac also cautioned that politicians on the panel should stop using the interviews as platforms for partisan politics and to score political points.