By Lehlohonolo Lehana.
President Cyril Ramaphosa has invited the public to nominate “suitably qualified candidates” for the chief justice post, but the lateness could mean a leadership vacuum at the head of the judiciary for the remainder of the year.
Chief justice Mogoeng Mogoeng — who has already been on long leave since May — is due to officially leave office on October 11. But it was only on September 16 that Ramaphosa announced a “consultative approach” to appoint his successor.
The front-runners include deputy chief justice Raymond Zondo, Supreme Court of Appeal president Mandisa Maya,Judge President of the Gauteng Division of the High Court of South Africa Duston Mlambo and Constitutional Judge Mbuyiseli Madlanga.
Six candidates are now vying for the position:
- Deputy Chief Justice Raymond Zondo,
- Supreme Court of Appeal (SCA) President Mandisa Maya
- Gauteng Judge President Dunstan Mlambo
- Constitutional Court Justice Mbuyiseli Madlanga
- Western Cape Judge President John Hlophe, who faces a possible impeachment hearing
- Public Protector Busisiwe Mkhwebane who faces perjury charges related to the Sassa crisis of 2017. She also faces impeachment by parliament.
Raymond Zondo
Zondo served part of his articles of clerkship under the late Mrs Victoria Mxenge in the latter’s law firm. He was appointed as a member of the Ministerial Task Team who produced the draft Labour Relations Bill for the post-apartheid South Africa in 1994.
He became Judge President of the Labour Court in 2000, where he served for 10 years before returning to the Pretoria High Court in 2010. Zondo also served as an acting judge of the Constitutional Court from 2011 to 2012.
He was appointed by President Ramaphosa in 2018 to head the inquiry into allegations of corruption during former President Zuma’s administration.
Mandisa Maya
Maya is the first South African woman jurist who served as President of the Supreme Court of Appeal of South Africa (SCA). She also wrote the first appeal court judgement in isiXhosa.
She was appointed as Deputy President of the SCA in 2015, and as President of the SCA in May 2017, after being appointed as acting president in 2016.
Dunstan Mlambo
Mlambo, who was appointed as acting judge in the Labour Court in 1997, was a Legal Resource fellow under the supervision of advocate Thandi Orleyn in 1987. He has also served as the chairperson of Legal Aid South Africa since 2002.
Mlambo was appointed Judge President of the Gauteng Division of the High Court in November 2012, at the time saying he would ensure “access to justice becomes what it should be”.
Mbuyiseli Madlanga
Mbuyiseli Madlanga was awarded the Juta Prize for being the best law student in 1981 and interned at the Washington DC office of Amnesty International after graduating.
He was appointed as a Judge of the Mthatha High Court and became South Africa’s youngest judge at the time, at the age of 34. Three years later, he was appointed as a Judge of Appeal in the Competition Appeal Court.
Then there’s Hlophe and Mkhwebane.
John Hlophe
Hlophe accepted a nomination despite facing an impeachment hearing, related to a complaint by two Constitutional Court judges who claimed he tried to influence them by violating their oaths of office.
The matter related to the validity of searches during the arms deal investigation of Zuma and French arms company Thales’ local subsidiary, Thint, in 2008.
In a majority judgment, the Judicial Services Commission (JSC) concluded that Hlophe was guilty of gross misconduct based on the judicial Conduct Tribunal findings.
Hlophe sought to interdict the impeachment process, which was being reviewed by the National Assembly’s portfolio committee on justice and coorectional services,in an attempt to stop President Cyril Ramaphosa from suspending him.
Busisiwe Mkhwebane
In 2019, the Hawks launched an investigation into Mkhwebane, after a complaint was laid by Accountability Now. It also lodged a maladministration complaint. The case had been postponed several times.
Back in June 2021, National Director of Public Prosecutions (NDPP) Shamila Batohi was given until 29 September to decide if the National Prosecuting Authority (NPA) should go to trial.
Mkhwebane was given the extension to make additional representations to Batohi. The NPA then asked for another postponement to allow for Batohi to consider representations made to have the perjury charges withdrawn.
The case will continue on 2 December 2021.
Presidency spokesperson Tyrone Seale said on Friday that the panel, chaired by Judge Navi Pillay, held its inaugural meeting this week to deliberate on procedural and substantive matters of its work.
The panel also includes Justice and Correctional Services Minister Ronald Lamola, former justice minister Jeff Radebe, former Public Protector Thuli Madonsela, SA National Aids Council co-chairperson Mmapaseka Steve Letsike, and Professor Ziyad Motala of the Howard University School of Law.
“During the meeting, all panel members confirmed their acceptance of the task and declared that they had no conflict of interest,” Seale said.
“All discussions and decisions taken with regard to the terms of reference and criteria for assessment of the nominees agreed upon by the panel will be published in due course as a matter of keeping the public abreast of this process.”
The panel is required to report to the president by 29 October.
The president will decide which shortlisted candidates to refer to the Judicial Service Commission and the leaders of political parties represented in the National Assembly for consultation, as required by the Constitution, before appointing the new chief justice.