JSC interviews: Judge Mandisa Maya says the judiciary is not in crisis

Supreme Court of Appeal (SCA) President Mandisa Maya, who is one of four candidates vying for the Chief Justice position, says she does not believe that the judiciary is in crisis.

She did concede there was still a lot of work to be done to regain the public’s trust in the courts.

JSC interviews

Maya on Wednesday morning appeared before Judicial Service Commission’s (JSC) public interviews in Johannesburg for the top judicial post to replace former chief justice Mogoeng Mogoeng, who retired in October last year. 

The three other senior judges shortlisted by President Cyril Ramaphosa for the position included Constitutional Court (ConCourt) Justice Mbuyiseli Madlanga, acting Chief Justice Raymond Zondo and Gauteng Judge President Dunstan Mlambo.

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Maya, who has been described as a trailblazer in the judiciary, dismissed criticism from some politicians and certain quarters of society that the judiciary was in crisis.

She said South Africa’s justice system remained efficient and capable of doing its job, despite some challenges that need to be attended to.

“The judiciary is not in crisis as some have lamented,” Maya said.

“Yes, it is not perfect but there is still an efficient system of administration in place. But there is a lot of work to be done to get the institution working optimally to execute its constitutional mandate.”

Public trust in judiciary

Maya said she was concerned about the recent 2021 Afrobarometer survey, which indicated the public’s trust in the judiciary had declined.

She said the loss of the public’s confidence in the judiciary did not augur well for the rule of law and South Africa’s democracy.

“I think this is something that needs the attention of the judiciary itself to do an introspection and check if we are to blame for this change of attitude towards the institution. And of course, the state organs who are enjoined by the constitution to protect and support the judiciary,” she said.

Cohesion within the judiciary

According to Maya, whichever candidate the JSC eventually recommends to Ramaphosa to appoint as the next Chief Justice, should be someone who is equipped to inspire stability and cohesion within the judiciary, as well as the public’s confidence in the courts.

“I think it’s important to note that our country has been through a lot in recent times and faces many serious challenges. So the need for an impartial, independent, effective, accountable, responsive and cohesive judiciary has never been bigger than it is now,” she said.

Maya added: “Whoever is appointed for this position bears the responsibility of ensuring that the institution remains strong, retains its integrity and firmly executes its role of protecting the constitution and the law, so that our country, especially the poor and most vulnerable members of our society are guaranteed access to justice.”

Judge Maya has an impressive track record in the judiciary and she is regarded as “a woman of firsts”.

She was one of the first women judges on the Eastern Cape High Court, the first black woman on the SCA, the first woman deputy president of the court, and later, the first woman president of the SCA.

Maya has also received three honorary doctorates and was recently appointed as the Chancellor of the University of Mpumalanga.

And unlike Justices Zondo and Madlanga, if she were to be appointed to head the judiciary, she would serve the full 12-year term as Chief Justice.

The JSC interviews continue.

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