Johannesburg- Now that we are down to four candidates vying for the head of the judiciary, legal experts have weighed in on who stands a good chance of clinching the top job.
The four candidates who made the cut were announced on Wednesday by President Cyril Ramaphosa.
They include Deputy Chief Justice Raymond Zondo, President of the Supreme Court of Appeal, Mandisa Maya, Gauteng Judge President, Dunstan Mlambo and Justice Mbuyiseli Madlanga who is a judge at the Constitutional Court.
The four judges are set to battle it out at the Judiciary Service Commission (JSC) before Ramaphosa has the final say on who becomes the next head of the country’s courts.
Whoever emerges victorious would replace outgoing Chief Justice Mogoeng Mogoeng who had been in the portfolio for 10 years. Mogoeng was appointed back in 2011 by former president Jacob Zuma making him the fourth Chief Justice under the democratic dispensation.
Respected legal eagle and KwaZulu-Natal based constitutional court expert; Advocate Mpumelelo Zikalala told Sunday World that Ramaphosa is likely to spring a surprise when naming the next Chief Justice.
“The president might want to be the first person to appoint a female Chief Justice. So, Justice Maya stands a good chance of receiving the nod. Apart from being a senior jurist. She has a wealth of experience in managing courts. As the President of the Supreme Court of Appeal, she has proved to be efficient and she is also the first woman to hold this position,” said Zikalala.
He added that another dark horse in the race was Mlambo, saying he has over three decades of experience as a distinguished judge and can handle complex matters. Mlambo has also served as chairperson of Legal Aid South Africa. As for Zondo, Zikalala said although he was a familiar face and appears to be the obvious choice, the report on the state capture commission stood in his way.
“Zondo has a lot on his plate because he has to compile the report on the allegations of state capture. There is a possibility that aggrieved parties may take it under review. This will in turn consume a lot of his time,” said Zikalala.
Madlanga, being considered the most senior judge on the Constitutional Court after Zondo, is also in the mix.
Lawson Naidoo, executive secretary of the Council for the Advancement of South Constitution (CASAC) said although the organization had not thrown its weight behind any particular individual, it was desirable to consider gender dynamics when filling the position.
“Our view is that any senior position in the public service should consider both gender and racial dynamics. We cannot pronounce our preferred candidate because that is the prerogative of the president. We however believe that all the shortlisted candidates are capable and anyone amongst them can be appointed as Chief Justice,” said Naidoo.
The initial nominees submitted to a panel of experts were tasked with scrutinising suitable candidates were Public Protector Advocate Busisiwe Mkhwebane, Zondo, Maya, Madlanga, Mlambo, Advocate Alan Nelson SC, Dr Wallace Mgoqi and Western Cape Judge President John Hlophe.
Both Mgoqi and Mkhwebane withdrew their availability citing different reasons. The panel led by Navi Pillay, an ex-judge at the International Criminal Court was left with six names and among their recommendations was that Hlophe should be chucked out, citing a legal cloud hanging over him. Hlophe, an experienced jurist, finds himself in hot water over his alleged meddling in a 2008 corruption case involving Zuma.
In April, the Judicial Conduct Tribunal chaired by retired judge Joop Labuschagne found that the senior judge had committed an act of gross misconduct when he attempted to influence Constitutional Court judges Chris Jaftha and Bess Nkabinde to rule in Zuma’s favour.
An IsiZulu phrase “Sesithembele kinina” which Hlophe is believed to have said was at the centre of the allegations. The phrase was interpreted as a suggestion that the two justices should be lenient to Zuma. Hlophe is now facing impeachment.
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