Ramaphosa replaces Griffiths Madonsela as his JSC nominee, after Mpofu’s exit

Advocate Griffiths Madonsela has reportedly become the latest commissioner of the Judicial Service Commission (JSC) to be booted out of the constitutional body.

This after President Cyril Ramaphosa decided to replace Madonsela with advocate Sesi Baloyi as one of his nominees to serve at the JSC, the Mail & Guardian reported on Thursday.

According to reliable sources who spoke to the publication, Ramaphosa apparently made the change after consulting leaders of political parties in Parliament.

The move by the president – who designated Madonsela as a commissioner of the JSC in March 2020 – is said to be part of the fallout at the commission, after the JSC was roundly criticised for the line of questioning employed during its interviews in February for the chief justice position.

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Ramaphosa criticised the JSC for going beyond its mandate by recommending Supreme Court of Appeal President Mandisa Maya for the top judicial job when there were three other senior judges nominated for the position.

He eventually appointed acting Chief Justice Raymond Zondo for the position, effective from 1 April 2022.

He said he would recommend Maya for the deputy chief justice position once Zondo assumes office.

Attempts by The Citizen to get comment from Ramaphosa’s acting spokesperson Tyrone Seale and the JSC’s spokesperson, Yvonne van Niekerk, on Baloyi’s appointment were unsuccessful as their phones went unanswered.

Upcoming JSC interviews

The JSC is expected to meet in Sandton, Johannesburg from 5 to 8 April to interview candidates for the various positions in the country’s superior courts.

When the commission meets, Madonsela and advocate Dali Mpofu – who often sat next together – won’t be part of the interviews.

This after Advocates for Transformation (ATF) announced that Mpofu’s term as the organisation’s representative at the JSC had come to an end.

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

ATF chairperson Myron Dewrance said the body noted Mpofu’s term as representative had lapsed on 10 February.

At an annual general meeting (AGM) held in Bloemfontein in June 2017, AFT resolved that its candidate would service on the JSC, through the General Council of the Bar, for a two-year term, for a maximum of two terms.

Mpofu was first elected to serve on the JSC for one term that year, and re-elected at a later AGM in 2019.

Advocate Kameshni Pillay was announced as the AFT’s new representative at the JSC. Advocate Siphokazi Poswa-Lerotholi will be Pillay’s alternate in the event Pillay is unavailable.

Compiled by Thapelo Lekabe

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