By Lehlohonolo Lehana.
Dr Madumetja Malepe, a retired academic, is one of the candidates who have appeared before the Judicial Service Commission (JSC) in an interview on Tuesday.
However, Malepe, was marred by controversy, as allegations surfaced regarding the theft of church funds and the fact that she was currently under debt review.
Advocate Tembeka Ngcukaitobi questioned her about the theft of church funds, which she was accused of, that had her lowering her voice and struggling for words.
“And then you also said that you were not found guilty, but you did not attach the finding of the board of inquiry that acquitted you,” Ngcukaitobi pressed.
“I requested the church to provide me with a little bit of testimonial that shows that I was not found guilty in that case,” to which Malepe answered.
Malepe was also hammered for being under debt review and the risk of sequestration.
But she has told commissioners that she has managed to significantly reduce her debt and will not be declared insolvent.
The issues relating to debt review and, in particular, the church funds are concerning and may affect whether the candidate is fit and proper for appointment.
But assuming there are defensible explanations which would satisfy the JSC, the question of whether the candidate has the strength of track record, experience and expertise to be seriously considered as a potential judge for the highest court in the country remains.
Dodson SC has told the JSC that he can understand “a potential loss of faith in the Constitution itself” on the part of South Africa’s youth.
He has a legal career of 40 years. He did several stints previously as an acting judge in the ConCourt and was a judge at the Land Claims Court for five years. He also acted as a judge in the Johannesburg High Court.
Dambuza-Mayosi told the panel, headed by Chief Justice Mandisa Maya, that she opted to go to the Supreme Court of Appeal (SCA) rather than remain at the Concourt, as she thought it would be beneficial to her career.
“Going straight to the Constitutional Court after being a judge (in the High Court) was a bit of a culture shock to me.”
I thought that with good training (at the SCA) before going to the Constitutional Court, I would be a better judge and would be able to add more value.”
She has been at the SCA for about 11 years but returned this year to the Concourt to again do a stint as an acting judge.
She explained that working at the apex court alongside 10 other justices and the level of intrusion in the writing of judgments alongside them necessitated her getting a bit more experience.
SCA judges work day and night but still cannot avoid delivering judgments several months after hearings, Dambuza-Mayosi told the JSC when grilled about why she took months to finalise some of her judgments.
In a 2022 report on the performance of the JSC, Freedom Under Law raised concerns about the JSC’s shortlisting process, highlighting that the mandate, composition and functioning of the committee responsible for shortlisting was unclear. The report also highlighted criticisms that the JSC had been insufficiently strict in its shortlisting practices.
The report recommended that the JSC ensure transparency over the selection of the screening committee and the criteria it applies to shortlist candidates.