JSC did not ‘exceed mandate’ in recommending Maya for Chief Justice – Mpofu

Advocate Dali Mpofu has hit back at President Cyril Ramaphosa’s view that the Judicial Service Commission (JSC) went beyond its mandate by recommending Supreme Court of Appeal (SCA) President Mandisa Maya as South Africa’s next chief justice.

Ramaphosa on Thursday announced that he had appointed acting Chief Justice Raymond Zondo for the top judicial post, effective from 1 April 2022, despite the JSC’s recommendation last month for Maya to take over the job.

ALSO READ: Justice Raymond Zondo named new Chief Justice

Mpofu on Friday said Ramaphosa’s remarks that the JSC went beyond its remit by recommending Judge Maya, when there were three other judges nominated for the position, was incorrect.

“That view has also been bandied about by various other people [and] it’s an incorrect view, it’s just a wrong view,” Mpofu said in an interview with Newzroom Afrika, in his capacity as one of the spokespersons for the JSC.

Ramaphosa’s views

During a question and answer session with journalists at Parliament in February, Ramaphosa said he did not expect the JSC, after conducting its interviews, to respond by recommending a single candidate for Chief Justice.

The president said it was his prerogative, as empowered by the Constitution, to appoint the next head of the judiciary from the four candidates who were shortlisted for the post.

He said he was not expecting a recommendation from the JSC on whom to appoint, but for the commission to comment on the suitability of either Zondo, Maya, Justice Mbuyiseli Madlanga and Judge Dunston Mlambo for the Chief Justice position.

“We thought we would ask the JSC, and we’ve gone through a sort of a public process, to see who would be most suitable, or who would be suitable; not necessarily the most suitable, but who would be suitable.

“So we literally expected a report by them that would say these are the names of the people that we have interviewed who we believe are suitable. They went over that. They nominated a person,” Ramaphosa said at the time.

‘The JSC is not a person’

Mpofu said he took issue with the president’s assessment of the situation, saying before making his appointment, Ramaphosa would have consulted leaders of parties in the National Assembly on their preferred candidates.

He said, therefore, the JSC did not overstep its mandate by recommending Judge Maya.

“The Constitution says the president must consult the JSC and leaders of political parties … why should it be different when it comes to consulting the JSC? The only difference is that the JSC is not a person, it’s a group of people.”

Mpofu said section 178 (6) of the Constitution was very clear on the JSC determining its own procedures and that’s what it did by recommending Maya.

“The JSC determines its procedures and gave the president its view and of course, the president is not bound by that view.”

JSC welcomes Zondo’s appointment

Nonetheless, Mpofu said the JSC welcomed Zondo’s appointment as Chief Justice and noted Ramaphosa’s intention to nominate Judge Maya for the position of Deputy Chief Justice, once Justice Zondo officially assumes office.

He insisted that the commission respected Ramaphosa’s final decision, adding that they were not disappointed by his decision.

“The JSC is not capable of being disappointed or excited. It’s a group of people who constitutionally make a decision knowing that decision is not binding on the decision-maker,” Mpofu said.

Mpofu also dismissed criticism that the JSC’s interviews in February were politicised and unfair on the shortlisted candidates.

He said if anyone had an issue with the commission’s processes, they should push for a change in the Constitution.

“It’s a democratic country [and] you can go to Parliament and change the Constitution and put religious leaders or whatever,” he said.  

NOW READ: Political parties react to Raymond Zondo’s appointment