By Lehlohonolo Lehana.
The Supreme Court of Appeal (SCA) President Mahube Molemela has declined the nomination for possible appointment as the Deputy Chief Justice.
President Cyril Ramaphosa nominated Molemela alongside Gauteng judge president Dunstan Mlambo, Free State judge president Cagney Musi and Northern Cape judge president Pule Tlaletsi.
Letters were sent to leaders of political parties in parliament and the Judicial Service Commission (JSC) asking them for their views on the candidates.
Section 174(3) of the Constitution provides that the President as Head of the National Executive, after consulting the JSC and the leaders of parties represented in the National Assembly, appoints the Chief Justice and the Deputy Chief Justice.
The position of Deputy Chief Justice has been vacant since 1 September 2024 when the then DCJ Mandisa Maya rose to the position of Chief Justice.
Justice Mbuyiseli Madlanga has been acting as DCJ of the apex court for the past seven months, but his non-renewable 12-year term on the Constitutional Court ends in July.
Molemela has been at the helm of the appellate court for about two years and indicated that she would not contest for a position on the Constitutional Court bench during her last interview before the JSC.
She was previously recommended for appointment to the highest bench and is the only woman justice who has been nominated among the three candidates.
She declined her nomination, saying she needs to focus on SCA.
“Regrettably, this means that I am, with respect, unable to accept the nomination for the position of DCJ at this point in time.
Her decision to bow out of the race leaves Mlambo, Musi and Tlaletsi to contest the position.
Molemela was the Free State Division of the High Court’s first female Judge President and has had a career spanning some 15 years on the bench.
During her 15 years on the Bench she has served as a Judge President of Free State Division of the High Court for a period of three years before her elevation to the Supreme Court of Appeal in 2018.
She has also served as a Judge of the Labour and Labour Appeal Court, Acting Judge of the Competition Appeal Court and Acting Judge of the Constitutional Court for two terms in 2015. She holds a B. Proc degree (University of Fort Hare); LLB, LLM and LLD (Honoris Causa) (all three from the University of Free State).