NORTH West Judge President Monica Leeuw has been appointed as an acting judge in the Constitutional Court in an effort to widen the pool of potential women candidates for a permanent post in the court.
The bench of South Africa’s highest court is one of the least gender representative, with only two out of the eleven judges being women (one position is vacant). Last year, there was a public outcry when not a single woman was nominated for a Constitutional Court post. With the vacancy now open for the eleventh judge, legal groups and commentators are mobilising for a woman to be appointed.
When the Judicial Service Commission (JSC) called for nominations last week, no mention was made of the vacancy. Nominations were instead called for a vacancy in the Eastern Cape High Court, two in the Western Cape High Court and a Labour Court one.
The JSC also advertised for the judge president of the Free State High Court.
Chief Justice Mogoeng Mogoeng has said the JSC will "take some time" before advertising the post, left vacant by the retirement of Justice Thembile Skweyiya. This was so that the JSC would be "spoilt for choice".
"This is intended to give us room to create a pool of possible candidates additional to those who would apply anyway, even if they had not acted in the Constitutional Court," Justice Mogoeng said.
Confirming Judge Leeuw’s appointment, effective from next Friday, spokeswoman for the chief justice’s office Lulama Luti said the appointment was "a step in the right direction" towards creating the pool Justice Mogoeng referred to.
Having acted on a bench to which a candidate aspires is not strictly speaking a requirement for appointment. But over the years, "acting" has become increasingly important to the JSC, to the point that critics call it a de facto requirement. The lack of acting stints has been identified as a hurdle to getting more women on the bench.
In the Constitutional Court, acting appointments are made by the president on the recommendation of the justice minister with the "concurrence" of the chief justice. In practice, it is usually the head of a court — in this case the chief justice — who seeks out potential acting judges.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.