By Lehlohonolo Lehana.
The Judicial Service Commission (JSC) has recommended Supreme Court of Appeal judge, Nolwazi Mabindla-Boqwana, to be the next judge president of the Western Cape High Court.
Judge Patricia Goliath, Judge André Le Grange, Judge Mabindla-Boqwana, Judge Babalwa Mantame, Judge Denzil Potgieter, Judge Hayley Slingers, and Judge Mafeleu Thulare, put their best foot forward as they were interviewed by the Judicial Service Commission (JSC) in Sandton on Monday.
The judge president position became vacant after John Hlophe was impeached last year.
Deputy Judge President Goliath was interviewed first on Monday.
She has been acting judge president for almost two years.
The JSC announced late last night that after interviews and deliberations the commission resolved to recommend Mabindla-Boqwana for the position.
The decision came after a long day of interviews with six candidates that laid bare strife at the court.
It began with a bruising three-hour interview with his former deputy Goliath in which her leadership style and her efforts to right the division came under scrutiny and clearly left commissioners dissatisfied.
Chief Justice Mandisa Maya expressed dismay when it emerged during the second interview of the day, with Judge Andre le Grange, that though he and Goliath had been acting as deputy judge president and judge president, respectively, they had opted to defer putting in place a long-term strategy for the division until the JSC appointed new leadership
“Whose decision was it to suspend fixing things until a permanent JP [judge president] is appointed when there are two people acting, and being paid the same amount as a permanent JP, and a permanent DJP, when there is one, will be paid to execute these duties for which you are appointed?
“Who took that decision to suspend the well-being of the division?” Maya asked.
Le Grange replied that he and Goliath had talked it over and reached that decision.
“To leave the court in limbo?” Maya asked.
Le Grange said that what was needed was dealing with “hard-core issues” and that it had been decided to leave this to the person who would ultimately be in charge of the division.
Mabindla-Boqwana told the commission she felt she had a vision for the division that could succeed in the long term and that she would be committed to staying the course to implement it.
Asked why she would opt to come to the Western Cape, rather than set her sights on the constitutional court, she replied that she wanted to go where she believed she was needed.
She started her career as a judge in this division in 2013 and joined the competition appeal court four years later. She was permanently appointed to the supreme court of appeal in 2022.
Mabindla-Boqwana has deep experience in human rights law, constitutional law and labour and competition law.
It was evident Mabindla-Boqwana was held in high regard by the commissioners, with Chief Justice Maya revealing she had intentions of asking her to take up an acting stint in the Constitutional Court.
The commission has also recommended three candidates for appointment as judges of the Western Cape Division of the High Court.
Despite interviewing eight candidates for four vacancies, the JSC resolved to fill only three vacancies.
Eight candidates were interviewed on Tuesday at the NH Hotel in Sandton, Johannesburg. These were for four vacancies of the Western Cape Division of the High Court.
The candidates who were interviewed are magistrate Pearl Deidrẻ Andrews and Adv Melanie Holderness. Adv Penelope Magona-Dano, Dr Jacobus Johannes (Joey) Moses and magistrate Rehana Khan Parker. Magistrate Mas-udah Pangarker, magistrate Nontuthuzelo Elizabeth Ralarala and Adv Phillipa Susan Van Zyl.
“The JSC interviewed candidates for four vacancies at the Western Cape Division of the High Court. Following deliberations, the JSC has resolved to recommend: Adv M Holderness, Ms M Pangarker and Ms N E Ralarala,” said the JSC on Tuesday night.