‘I wish you had informed me’ – JSC candidate ‘caught off-guard’ by criticism of writing skills

Advocate Penelope Magona-Dano was “caught off-guard” during her Judicial Service Commission (JSC) interview when Acting Judge President Patricia Goliath raised a “weakness” that was never addressed in 2016.

Magona-Dano took the hot seat on Tuesday while interviewing for a vacancy in the Western Cape Division of the High Court.

She has served 14 terms as an acting Judge of the Western Cape High Court, since 2015 and said she takes on average two months to produce her judgments.

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She also applied for the position in 2021 but was unsuccessful.

Magona-Dano attended a women’s judges training course before her acting stint in 2015. She, however, could not attend the advanced training in 2021.

“When we got the invitations, we were told halfway through that we would pay for our expenses. I could not afford it at the time,” she said.

Magona-Dano: ‘Criticism is good’

Magona-Dano was taken aback by Goliath’s comment about her writing skills when drafting judgments, a concern that was never addressed during her stints at the court.

Goliath unsuccessfully interviewed on Monday for the position of Judge President of the Western Cape Division of the High Court.

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“I have observed your whole profile and your growth as an advocate, I commend you because I can see your growth. So, whatever I am going to say to you, please don’t take it in a negative light because I am alive to the fact that you have grown and moved on and you are a person with potential,” said Goliath.

“When you acted in the division in 2016 – 2018, the judge president and I, and other colleagues were of the view that you did not do well in terms of the quality of your judgments and even your reserve judgments.”

“It’s the first time I’ve heard of this,” responded Magona-Dano.

‘You should have informed me’

“I do wish you had informed me prior. I would have expected that maybe you and the judge president then would have assisted me where I was weak. So, I’m just caught off guard. I wrote a lot of judgments at the time, I would have prepared for this question on time.”

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Magona-Dano said she never received any negative comments from Goliath.

“I do think my writing style got better and if there were any written complaints to your side, I have not heard that.”

She assured the JSC that she was open to being trained, as judges should.

“Criticism is good – it humbles one. But in my view, I am open to being trained further. We do not come with the expertise when we come, especially in this profession,” said Magona-Dano.

“Some of us have not been exposed or privileged before venturing to the bench to utilise our drafting skills. Mine is to say I am open and ready to be trained. Ongoing training for any judge should be recommended.”

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Goliath acknowledged that, although she hadn’t personally raised the issue with Magona-Dano, she had discussed it with the judge president at the time.

“But that is in the past because I have indicated that I can see you have made efforts to grow.”