Next chief justice: The four candidates vying for the top job

Four candidates shortlisted by President Cyril Ramaphosa are set to be grilled for the chief justice post this week.

Acting Chief Justice Raymond Zondo, Justice Mbuyiseli Madlanga, Gauteng Judge President Dunstan Mlambo and Supreme Court of Appeal President Mandisa Maya were shortlisted by the president.

The four were picked from an initial list of eight candidates nominated through a public process.

Non-government organisation Judges Matter said Ramaphosa’s decision to break away from the tradition of directly appointing the head of the judiciary and opting for a wider public process should be applauded.

“We still believe that this was the correct process to follow as it has now led to some of the most brilliant judges in South Africa putting themselves forward in a way we have never seen in the past. The fact that each judge will be given an opportunity to cast their vision for the judiciary during the interview is also an exciting prospect.”

The head of the judiciary post was left vacant after former chief justice Mogoeng Mogoeng retired in October last year. He completed 12 years as a justice of the apex court and completed 10 years as chief justice in September 2021.

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Who will get the job?

Acting Chief Justice Raymond Zondo

Although it could be expected that Zondo would take over the top job, there is no automatic practice of the deputy succeeding the chief justice, said Judges Matter.

“The confounding failure to appoint [former deputy Chief Justice] Moseneke as Chief Justice on multiple occasions shows. DCJ Zondo is one of the most prolific authors of ConCourt judgments, having written 57 judgments since he first joined the court in 2012, a feat few others have achieved.”

Zondo was a Judge President of the Labour Court and the Labour Appeal Court for many years, putting him in a favourable position on leadership experience. He also chaired the state capture commission of inquiry, which earned him acclaim in some quarters. However, said the NGO, many concerns were raised during his tenure at the Labour Court.

“Many concerns about the running of the Labour Court were expressed during the JSC sitting in 2010, at the end of his tenure heading that court. This may call the strength of his administrative skills into question. Similarly, questions may be asked about the many delays which have beset the state capture commission. The commission’s work has also made [Zondo] unpopular in some political quarters, particularly regarding the saga of former president Jacob Zuma’s refusal to testify.” 

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Justice Mbuyiseli Madlanga

Madlanga, who has held visiting professorships locally and abroad, has been justice of the Constitutional Court since 2013. He is widely published and is the editor of the influential SA Judicial Education journal. He is widely credited for his groundbreaking judgements, including the New Movement Judgment that confirmed that independent candidates may run for office at national level.

Supreme Court of Appeal President Mandisa Maya

Maya, the only woman among the candidates, has a “clear track record” of heading a busy court with a reputation of high performance, noted Judges Matter.

“Fellow SCA judges over several interviews spoke of how Maya successfully led the SCA through a difficult transition where it had to deal with racial and gender hostilities among the judges, including allegations of bullying. Maya is also credited with being innovative, having led the almost seamless transition to online hearings for the SCA, when the country was still under hard lockdown.”

The downside to her accomplishments is that she has never served as a permanent justice at the Constitutional Court.

“By convention, the leader of the judiciary is drawn from the highest court, and there may be a view that it would not be healthy for the collegiality of the court to bring in a judge from the outside to lead judges who were previously more senior to such a chief justice.”

Gauteng Judge President Dunstan Mlambo

The fourth candidate, Mlambo, served as judge president of both the Labour Court and the Gauteng High Court – and is highly regarded as an innovative and savvy leader, according to Judges Matter.

The cases that went through the Gauteng high courts, with most being politically controversial, could have an unfair impact on Mlambo. As the judge president, he sat in many of the high profile cases.

“This may have the rather unfair consequence of the judge president being seen as a politically controversial appointment. For reasons which are not clear, Judge President Mlambo has until this year not acted as a judge of the Constitutional Court, much less served as a permanent judge of the court. So, as with Justice Maya, he might be seen as too much of an ‘outsider’ to be appointed ahead of judges who are already members of the Constitutional Court.”

The interviews will take place from Tuesday until Friday and chaired by SCA Deputy President, Judge Xola Petse.

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