Thirty years after the dawn of democracy, a female Chief Justice heading the Constitutional Court is a possibility. This comes as the Judicial Service Commission (JSC) has resolved to recommend to President Cyril Ramaphosa that Deputy Chief Justice Mandisa Maya be appointed to the position of Chief Justice.
The JSC conducted interviews for the positions in Sandton, Johannesburg on Tuesday – a key part of the consultative process before an appointment.
Maya has highlighted the need for an impartial judiciary.
“As I said during our last interview, our country has suffered a lot of upheavals in recent times and faces many serious challenges. So, the need for an impartial, independent, effective, accountable, responsive, and cohesive judiciary has never been greater. If I am appointed to this position, I know that I will bear the enormous responsibility of ensuring that the institution remains strong, retains its integrity, and firmly executes its role of protecting and promoting the constitution and the law so that our country, especially the poor and most vulnerable members of our society are guaranteed access to justice.”
Maya’s interview kicked off with a vision statement of her ideas for the judiciary. This includes the appointment of more judges to reduce workload, smaller panels to adjudicate smaller cases and appeals as well as addressing the poor infrastructure of our courts to name a few.
In addition, she forms part of the team which is developing a sexual harassment policy for the judiciary which is set to have its first tribunal investigating allegations of this nature against a top judge of the Eastern Cape division, Judge President Selby Mbenenge.
On tribunals, the JSC – the body tasked with probing impeachable conduct – has caught a lot of criticism for the length of time it takes to hold judges accountable.
A criticism Maya says is not fair.
JSC advises President Ramaphosa to appoint Mandisa Maya as Chief Justice:
Woman of firsts
In 2022, Maya was one of four candidates interviewed for the position of Chief Justice. However, Ramaphosa appointed the incumbent, Chief Justice Raymond Zondo, to the position.
Maya has described her time at the Constitutional Court as gratifying, yet challenging.
“It was the biggest moment of my life to be appointed to that court. The last time I had been at the Constitutional Court, things were nowhere near as hectic as they are now. I have not worked as hard in my entire life than I have in the last 20 months and there’s the added responsibility, the added weight that our word is the last in all the matters we determine. So, we have to pay particular attention to every matter that comes before us before we issue a decision. Work is exhilarating of course.”
Maya’s history in the judiciary has been well-traversed. During this sitting, the Deputy Chief Justice was given an opportunity to outline her plans for the judiciary should she ascend to the helm of the judiciary.
Maya sought to outline the challenges facing the judiciary – among them the lack of Judges. Maya called for the appointment of more Judges.
She says the country’s courts are under-resourced and understaffed despite the increase in litigation.
She says the appointment of more judges and panels would assist in easing the pressure on judges. As part of her long-term goal for the judiciary, she called for the amendment of the Constitution.
“These measures will allow the apex court to have in addition to… panels of experienced judges or experienced senior lawyers who assist with the sifting of the matters that are placed before the justices and the preparation of opinions on those matters so that the judges do not drown in ceaseless applications for leave to appeal. But the long-term solution is the amendment of the Constitution to allow the adjudication of applications for leave to appeal and even court hearings by a smaller number of judges to speed up the pace of work.”
The aspirant Chief Justice has sought to emphasise the challenges with the Judicial Conduct Committee, a committee within the JSC, and its ability to hold judges accountable. The country this year saw the first impeachment of a judge when Western Cape Judge President, John Hlophe, was impeached.
Judicial Service Commission Interviews 2024 | Deputy Chief Justice Maya:
