JSC interviews: ‘You are homophobic’ – Mapisa-Nqakula to Judge Madondo

KwaZulu-Natal deputy judge president Mjabuliseni Isaac Madondo came under fire at the Judicial Service Commission (JSC) interviews on Friday for his negative comments on homosexuality.

Madondo, aged 69, was interviewed for the KwaZulu-Natal judge president position.

His controversial views on same sex relationships came to the fore after commissioner Narend Singh drew his attention to a chapter in a book he authored in 2019, titled ‘Revelations of God’s Truth and Plan.’

“Moments ago, you spoke about quality justice for all, irrespective of their race, gender and so on. It has been brought to my attention that you wrote a book in which you made egregious comments.

“I quote ‘homosexuals are clinging to their perversion, and there is nothing one can do to change them.’ Don’t you think those comments may be construed as homophobic and against what is contained in our constitution?” asked Singh.

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‘Homosexuality seers the mind’

The judge replied that Singh quoted him out of context, and that reading the whole chapter would have shed a light on the fact that the book was about God, Christianity and its practices.

Madondo’s response prompted commissioner Kameshi Pillay to pull out the entire chapter online. She read out Madondo’s personal views on same sex relationships.

“You deal with various topics here including marital sex. Then you say homosexuality seers the mind and causes one to reject God’s plain family relationship of husband, wife and children.

“You add that it also victimises homosexuals physically, in that there are greater chances of venereal diseases and other physical penalties. Then you state that the battle is worth fighting for, for the reward is great. No amount of clear scriptures will convert or change them.

“Now judge, in light of these views and as a guardian of the constitution, do you think what is referred to in your chapter is appropriate? Don’t you see a clear breach of conduct?” she asked Madondo.

Replying in a calm and relaxed voice, Madondo said he was being put in an awkward position, as he cannot argue religious views in a legal setting.

“Christians are are called to choose the right way, because if you choose the way of Sodom and Gomorra, you will definitely perish. So this thing should not be distorted as if I am attacking homosexuals… this should be discussed under the religious sphere. To say I appear as homophobic is not true.”

‘LGBTIQA+ members under attack’

He was adamant that what he wrote in his book were not his personal views, and that he didn’t intend to insult anyone.

He further told the commissioners that he has dealt with divorce hearings of same sex couples before without problems.

Commissioner Ronald Lamola told Madondo that members of the LGBTIQA+ community were under siege in South Africa and being killed for being who they are.

Commissioner Nosiviwe Mapisa-Nqakula, who was visibly unsettled by Madondo’s remarks, said the judge’s views were concerning.

“I have a problem with a judge who would sit here, espouse and pushes an angle that talks to one religion when we all have a constitution that talks to South Africa as a secular state.

“I am sitting here thinking about what would happen on the day you are presented with a case involving same-sex union. How will they be content and raise issues before a judge who wrote a book describing their sexual orientation as demonic? Your intolerance is coming out very clear, and South Africa should not allow that to happen in 2022.”

‘You are homophobic’

In a response, Madondo said that throughout his 29-year legal career, he was able to separate his personal views when adjudicating cases.

But Mapisa-Nqakula was having none of it.

“As a parting shot, judge… you are homophobic. It’s a statement I want to make. Unequivocally, you are homophobic and it’s so unbelievable in 2022… just for the record.”

Later, in a statement after deliberations, the JSC did not recommend Madondo as judge president.

“Following the interview and subsequent deliberations, the JSC has decided to advise President [Cyril Ramaphosa] not to appoint any judge for the position,” read the statement.

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