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Retired judge, 72, chasing IEC commissioner post says no to age discrimination

Former deputy judge president among 11 candidates shortlisted for interviews to fill three vital posts at the IEC

Former KwaZulu-Natal deputy judge president Mjabuliseni Madondo has spoken out against age discrimination.  Picture: RSAJudiciary
Former KwaZulu-Natal deputy judge president Mjabuliseni Madondo has spoken out against age discrimination. Picture: RSAJudiciary

Former KwaZulu-Natal deputy judge president Mjabuliseni Madondo says should he not be appointed as an Electoral Commission of SA (IEC) commissioner based merely on his age, it would be age discrimination.

Madondo turns 72 in November. He retired from the bench in 2023 when he reached retirement.

A panel chaired by chief justice Mandisa Maya consisting of public protector Kholeka Gcaleka, SA Human Rights Commission (SAHRC) chair Chris Nissen and Commission for Gender Equality chair Nthabiseng Sepanya-Mogale interviewed Madondo on Monday.

He is among 11 candidates shortlisted for interviews to fill three vacancies for commissioners at the IEC, posts that are vital for the commission as it prepares for the 2026 local government elections. 

The office of the chief justice undertook the interview process to short list candidates because IEC chair Mosotho Moepya, judge Dhaya Pillay and Dr Nomsa Masuku’s seven-year terms end in November. 

Madondo’s only competition in the race is Pillay. According to the law, the commission consists of five members, one of which has to be a judge. 

Maya asked Madondo whether his age should disqualify him from the appointment. 

“Well, that would be discrimination on the grounds of age. One must not look at my age but must look at my contribution, experience, knowledge and qualifications. If I am not contributing, then it means all this knowledge will be wasted,” Madondo said. 

He added jokingly: “I would be sitting with my grandchildren trying to mediate between them when they have problems and set up a small court for them.” 

He emphasised in his closing comments that his age should not be viewed as a disadvantage. 

“My age may disturb some other people who tend to forget and overlook the experience, knowledge and the contribution I may make [to the IEC]. People should not be carried by youth only but by sensible judgment. I am in good health,” Madondo said.

Madondo was nominated as a candidate by elections analyst Michael Atkins. 

During his interview, Madondo told the panel he believes one of the ways he would propose to boost voter turnout is to partner with traditional leaders in rural areas.

He said this partnership would be vital in voter education and ensure people understood the importance of democracy and safeguarding democracy through voting. 

In 2023 Unisa conferred an honorary doctoral degree (LLD) on Madondo for his contribution to the legal sector. 

sinesiphos@businesslive.co.za

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