By Lehlohonolo Lehana.
The Judicial Service Commission (JSC), a body established in terms of section 178 of Constitution recommended Gauteng Judge President Dunstan Mlambo for the Deputy Chief Justice post.
This follows interviews with three shortlisted candidates for the position, which has been vacant since Chief Justice Mandisa Maya was elevated to head the Constitutional Court.
Commissioner Advocate Sesi Baloyi made the announcement in Sandton, Johannesburg on Thursday.
“The JSC has decided to advise the president that JP Mlambo is suitable for appointment as the deputy chief justice. And in accordance with that decision, a report will be submitted by the JSC to the president, including a report on the other two candidates, the judge president for the Northern Cape and the judge president of the Free State.”
However, the JSC has stressed that the final decision remains that of President Cyril Ramaphosa, who nominated Mlambo alongside Northern Cape and Free State Judge Presidents Pule Tlaletsi and Cagney Musi for the position.
During his interview on Wednesday, Mlambo was asked about his views on some politicians’ continued criticism of the judiciary.
“The judiciary may express whatever concerns it has coming from the political arena, because once you raise it with the leadership of the executive or Parliament, you expect that whatever concerns you have raised will translate there; and whatever concerns are raised about the judiciary will be fed back to the judiciary. I think that’s one way to deal with political players who may be unhappy and may be found to be criticising the judiciary unnecessarily,” he said.
JSC will submit a report to Ramaphosa on the suitability of Mlambo for the position.
Online group Judges Matter, which advocates for transparency and accountability within the judiciary, looked at the chances of each of the judges to get the nod and said Mlambo, has impeccable credentials as a judicial leader. For the last 15 years, he has served as judge president of two of the busiest courts in the country – the Labour Court and then the Gauteng High Court. He is currently the most senior judge president in South Africa in terms of years of service.
According to Judges Matter, he is regarded by the legal profession as an innovative and savvy leader, and he spearheaded the rollout of the Court Online system in the Gauteng High Court in 2020, at the height of the Covid-19 pandemic.
Born in Acornhoek, Mpumalanga, Mlambo holds a B.Proc law degree from the University of the North (now University of Limpopo), an LLB from Unisa, and an honorary doctorate from the University of Fort Hare.