Chief Justice Mandisa Maya at the 2023 state of the nation address (Sona) at parliament on 9 February 2023 in Cape Town. Picture: Gallo Images/Jeffrey Abrahams
In some circles, being the first in a demographic country to occupy a seat historically reserved for white men is a big deal.
It represents the breaking of a glass ceiling, the opening of opportunity and the transformation of the nation. There’s no denying its importance and value. In the case of Justice Mandisa Maya, it represents so much more.
There can be some debate on which court is more prestigious; between the Supreme Court of Appeal (SCA) and the Constitutional Court (ConCourt). What there cannot be is debate on which has a wider array of issues to contest with. The ConCourt, even with its increased jurisdiction, remains focused on matters of the Constitution. The SCA’s focus is that of the law in its entirety.
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Having somebody who spent over 15 years in the SCA as our legal head is exciting. Arthur Chaskalson, Pius Langa, Dikgang Moseneke, Mogoeng Mogoeng and Raymond Zondo all bypassed the SCA en route to Constitutional Hill.
In fact, you’d have to go as far back as Michael Corbett (1989–1996) to find a chief justice who spent more time in the SCA than Maya. That’s not to say that the previous chief justices were poor as a result. They just had more specific backgrounds.
Maya on the other hand is a seasoned jurist in so many respects and one who doesn’t shy away from applying the law with enthusiasm and insight. It’s why she’s written dissenting judgments that have even turned into precedent. It’s quite something to disagree with judges Robert Nugent, Suretta Snyders and Dhaya Pillay only to have your dissent declared the right decision by the Constitutional Court.
It could probably be said by then already that Maya was destined for the highest legal office available, but she wouldn’t even step up to the highest court for another 11 years. During that time, she wrote the SCA’s first Xhosa judgment, acted in the superior courts of both Lesotho and Namibia and was chair of the Law Reform Commission for three years.
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South Africa’s elite have a terrible habit of occupying spaces and using the stature of those spaces to elevate themselves. Maya’s approach has been different. Maya tends to elevate the stature of the spaces she occupies and that is what excites me most. We already have respect for the office of the chief justice, but just imagine how that respect can grow when a seasoned professional who knows how to wield authority takes up the seat.
But it isn’t just her outward work that is worthy of praise. One thing that can be said of many, if not most legal enthusiasts is we love ourselves a bit of ego. Commanding respect from us is no small task. It does, however, appear to be a task that Maya excelled in during her tenure leading the SCA. Not mincing her words and promoting the idea of a more collegial court, the SCA seemed to do incredibly well under her leadership.
It’s not every day South Africans are treated to an exciting and good appointment to an important desk. It’s even more seldom that we’re treated to the appointment of somebody who has been preparing diligently, patiently and enthusiastically for some 25 years for the role… and doing it with distinction.
Maya brings a wealth of experience to the court and an incredible amount of respect that she has cultivated through an increasingly elevated professional career. Maya brings an understanding of legal leadership, experience in judicial drafting and even confidence to apply her knowledge without undue influence. It’s a very rare combination of qualities.
So be excited that we have our first black female chief justice but don’t be fooled into thinking that that’s all she is.
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