Mandisa Maya, head of the appeals court, wants to see more modernisation of all courts and more synergy between the magistracy and the office of the chief justice.
Maya is one of the front-runners being interviewed by the Judicial Service Commission (JSC) this week.
Maya credited advocate Dumisa Ntsebeza with urging her to become a judge. After an acting stint in 1999, she was called to the high court bench in 2000.
Maya touted her successes in leading the appeals court since 2017. One judgment in particular enjoyed special attention during the interview. AfriForum brought a case against the University of SA (Unisa) over language policy. In September 2020, Maya handed down judgment in English and isiXhosa.
Advocate Jenny Cane sought reassurance that Maya would act decisively were she to be appointed chief justice. When the JSC convened in April 2019, Maya recused herself from judge Fayeeza Kathree-Setiloane’s interview for a post on the Constitutional Court bench.
Kathree-Setiloane was the subject of a complaint lodged by clerks, including Maya’s daughter, hence her retreat. Kathree-Setiloane is among those who will undergo interviews again for top court jobs in April 2022. Since the chief justice chairs the JSC, if Maya were appointed this could bring her face to face with Kathree-Setiloane once more.
“I would comfortably sit in an interview that involves her and not hold anything against her,” Maya insisted.
Cane raised Maya’s recusal from JSC processes regarding Western Cape judge president John Hlophe’s actions as a concern. Maya praised Hlophe, recalling his support for judges in the Western Cape when they worked together and likening him to an older brother, hence her recusal during the JSC process and from Hlophe matters in the Supreme Court of Appeal.
The JSC found Hlophe’s discussion with two apex court justices regarding a case linked to then president Jacob Zuma amounted to “gross misconduct”. The body forwarded its decision to parliament, which took preliminary steps towards impeachment when Hlophe took the finding to court.
Parliamentary speaker Nosiviwe Mapisa-Nqakula showed her support for Maya, highlighting mothers’ multitasking skills. Those comments followed Maya’s comments on falling pregnant while on the bench and finding there was no judiciary policy on maternity leave.
Maya said: “I’m not here because I’m a woman. I’m here because I am a judge [...] I’m not good because I am woman, I am good because I am a judge.”
I’m not here because I’m a woman. I’m here because I am a judge [...] I’m not good because I am woman, I am good because I am a judge
— Mandisa Maya
This week’s interviews are a first in SA. Historically, the president has forwarded only one name for chief justice to the JSC for interview.
Gauteng judge president Dunstan Mlambo will appear on Thursday and Zondo will be before the body on Friday.
SA’s judiciary has been led by an acting chief justice for nine months. Chief justice Mogoeng Mogoeng retired in October after taking long leave in May. After calling for public nominations and the input of an advisory panel, President Cyril Ramaphosa gave the JSC four names.
As yet, neither the office of the presidency nor the office of the chief justice has indicated when, after the JSC’s input, Ramaphosa will consult political parties in the National Assembly and select the new chief justice. Some civil society organisations are pressing for a swift decision.
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