By Lehlohonolo Lehana.
The interviews for the position of the next Chief Justice of South Africa are currently under way.
Former Chief Justice Mogoeng Mogoeng retired in October, kick-starting a new and lengthy process to replace him, with the public asked to nominate their choice for the first time.
Four candidates have now been nominated by President Cyril Ramaphosa. They are Constitutional Court Judge Mbuyiseli Madlanga, Supreme Court of Appeal President Mandisa Maya, Gauteng High Court Judge President Judge Dunstan Mlambo and Acting Chief Justice Raymond Zondo.
The Judicial Service Commission is interviewing all four this week, with Constitutional Court Judge Mbuyiseli Madlanga the first candidate to be interviewed.
Judge Madlanga has been telling the Judicial Service Commission of the changes he would like to make if appointed as Chief Justice, changes that he said would make the Constitutional Court more efficient and fair.
This includes approaching the Minister of Justice, Ronald Lamola, to initiate amending the Constitution to change the quorum for the apex court from eight to nine. Madlanga said that the even number has led to decisions being split down the line.
“Here’s the injustice. Once we are evenly tied, the effect is that the judgment appeal against stands, so it’s as good as if you’ve never appealed at all. So it must be clear to everybody listening here that that is an injustice,” Madlanga explained.
Madlanga said the current quorum of eight justices at the ConCourt had a negative impact on the interests of justice as the court had to grapple with having split decisions in recent times.
He said this was an injustice to litigants and it needed to be changed.
“That is a very unfortunate outcome for litigants because when you appeal, it is not just appealing for the sake of appealing. You are actually exercising a constitutional right under the rubric of a fair hearing, a fair trial and you’re also entitled to the right of appeal.
“Now here’s the injustice: once we are evenly tied, the effect is that the judgment appealed against stands. So, it’s as good as if you never appealed. It must be clear to everybody listening here that that is an injustice,” Madlanga said.
He said a constitutional amendment on the quorum of judges could also be dealt with through an act of Parliament.
Judge Madlanga has also pledged to fight for gender equality and to conscientise judicial colleagues to “sexist, patriarchal and misogynistic attitudes” that women, often rape survivors, are subject to in court.
Meanwhile Freedom Under Law (FUL) says it is profoundly concerned that EFF leader Julius Malema and Advocate Dali Mpofu are interviewing candidates for the position of Chief Justice.
Four senior judges who were shortlisted for the Chief Justice position are being interviewed by the JSC panel, which will then advise the President on the selection.
FUL said Malema and Mpofu should not be participating in these proceedings considering their suitability to fulfil their constitutional duty is a matter of serious doubt.
“Malema was recently found to have breached Parliament’s Code of Ethical Conduct,” said FUL Chairperson and retired Judge Johann Kriegler.
The Joint Committee on Ethics and Members’ Interests found that Malema had asked a judge an inappropriate question concerning a matter in which he had a personal interest.
It went on to hold that Malema had used the JSC as a “platform for his personal interests” during JSC interviews for the appointment of judges, said Kriegler.
It recommended Parliament sanction Malema by requiring him to apologise to both the judge concerned and the JSC for his conduct.
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Video Courtesy of JRSA