Gender equity in the hot seat
Only a third of the applicants applying to be judges are women
THE JUDICIAL Service Commission (JSC) is interviewing 40 candidates this week for 17 positions on the Bench, but only about a third of candidates are women.
Last month’s Commission for Gender Equality report to President Jacob Zuma found that only 24 women were appointed to the Bench out of 211 candidates who were interviewed for 110 positions between 2009 and 2012.
The report was compiled following a complaint to the commission by the University of Cape Town’s Democratic Governance and Rights Unit and Sonke Gender Justice Network. The complaint came after years of criticism that, despite progress on racial transformation, gender representivity lagged.
Section 174(2) of the constitution says “the need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed”. According to Statistics South Africa, women represent just over 52 percent of the population.
The Presidency said the report, including its recommendations to ensure gender equity, would “be processed by the relevant government departments”.
A day later, the Presidency announced the appointment of Judge Mandisa Maya as the first woman deputy judge president of the Supreme Court of Appeal (SCA).
This week at the JSC interviews in Cape Town, a watchful eye falls on the vacancy of the KwaZulu-Natal deputy judge president – a woman judge is among the five candidates, who include former acting judge president Shyam Gyanda. There are also four applications for two available judges’ posts on that Bench.
There are also two deputy judges president positions at the Bhisho and Mthatha high courts – all candidates are male, including Judge Selby Mbenenge, an advocate who was appointed to the Bench in April this year – while there is one judge’s position in the high court in Port Elizabeth.
Five of the 12 candidates vying for six vacancies on the Gauteng Bench are women. The two candidates for the two Labour Court positions are a woman and a man.
There are two vacancies on the Free State Bench and seven candidates, three of whom are women, and at least one woman is among those interviewing for the vacancy in the Northern Cape high court.
The candidates were shortlisted in August and the list was published last month.
The interviews are held in public and aside from what may be considered safe ques- tions on work history and judgments, candidates often face tough questions on their attitudes towards not just matters that relate to the law.
The JSC comprises Constitutional Court Chief Justice Mogoeng Mogoeng, SCA president Judge Lex Mpati, Northern Cape Judge President Frans Kgomo and Justice Minister Michael Masutha.
In addition there are two practising advocates, two practising attorneys and a law academic.
The president has the right to appoint four members, although one position remains vacant.
Parliament is represented by National Council of Provinces chairwoman Thandi Modise and National Assembly House chairwoman Thoko Didiza.
Although the ANC dominates the ranks of the total of 10 parliamentarians on the JSC, also included are IFP chief whip Narend Singh, DA MP Hendrik Schmidt and EFF leader Julius Malema.