Incoming chief justice Raymond Zondo says his number one priority will be to shore up the independence of the judiciary.
“We might be here today, at some stage we won’t be here. But if we leave behind a judiciary that is truly independent then we can have peace that our democracy will be protected,” the acting chief justice said.
Zondo, who said he is feeling the “heaviness of the responsibility that comes with this kind of appointment” after the president offered him the top job, was addressing the public for the first time as chief justice-elect.
He takes over in April from former judicial leader, the controversial Mogoeng Mogoeng, who retired in October.
He takes the helm at a time when SA’s judiciary and constitutional democracy are under attack, also from prominent politicians. Zondo stood up for the judiciary after tourism minister Lindiwe Sisulu published an opinion piece likening unnamed judges to black slaves working in their white masters’ houses.
Earlier this week, KwaZulu-Natal premier Sihle Zikalala suggested changes to parliamentary democracy in which laws are not subject to judicial review. “While we all have to respect and uphold the independence of the judiciary, we need to review the dilemma imposed by the system of constitutional democracy,” Zikalala said.
Zondo said the premier is entitled to his view.
“The independence of the judiciary is critical to sustaining our constitutional democracy,” he said. To this end, judges and magistrates must uphold their oath of office and rule on the facts, suffering the cost if their judgments are unpopular.
“We must seek to do justice ... it must never be the case that we want to take decisions that are going to make us popular ... we will seek to do what the constitution requires,” he said.
“A lot of people appreciated the role the judiciary has played, including the role that it has played defending our constitution, in defending the rule of law,” Zondo said.
Two weeks ago, President Cyril Ramaphosa chose Zondo as chief justice, following public interviews with four candidates tipped for the job. The decision, which the law empowers the president to make, departed from the advice of the Judicial Service Commission (JSC).
In February, the JSC interviewed four contenders: appeals court head Mandisa Maya, Constitutional Court justice Mbuyiseli Madlanga, Gauteng judge president Dunstan Mlambo, and Zondo. Though not required to choose a favourite, commissioners settled on Maya with Zondo reportedly at the bottom of their list. On announcing Zondo as chief justice on March 10, Ramaphosa also made it known Maya was in line for deputy.
By then Zondo had been acting as top judge for several months, since former chief justice Mogoeng Mogoeng had taken a long leave of absence in May pending his retirement in October.
Zondo will chair JSC interviews days after taking office.
His tenure as chief justice must end in August 2024, meaning he will only lead for two years and four months. This is because he has sat on the apex bench since September 2012.
By law, the term of an apex court judge is limited to a nonrenewable 12 years, or on reaching retirement age, whichever occurs first.
Zondo said he speaks to Mogoeng “every day” but would not disclose details of their discussions. He gave assurances he would act “without fear, favour or prejudice” and lead other judicial officers in doing the same. “I believe that I can handle any political pressure,” he said.
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