Capacity: Attorney
Admission: 1998
Gender: Man
Ethnicity: African
Date of Birth: March 1969
Qualifications: B.Juris (1992) LLB (1994) (University of Walter Sisulu)
Key judgments:
- Mtungwana v Minister of Police and Another (D1767/2023)
- Ngcongwane v S (AR48/2023)
- Khumalo v S (AR50/2022)
Candidate Biography| Updated September 2025:
Mr Malizo Samkelo Gwagwa is a practicing attorney and the managing director of M.S Gwagwa and Associates.
He completed both a B.Juris degree and an LLB from the University of Walter Sisulu and began his legal career at AM Moleko and Co. Mr. Gwagwa became the managing director of his own firm in the 2000s and remains in that role to this day. In this role, Mr. Gwagwa and his firm handle a wide variety of legal matters, from commercial contracts to administrative law. This shows that he has a wealth of experience with a wide variety of law. Mr Gwagwa has also demonstrated his commitment to bettering himself and continuing his legal education by taking part in the Aspirant Judges Training Program, which ran from 16 January 2024-19 January 2024.
Gwagwa has shown an ability to be efficient and impartial in his role as the chairperson of disciplinary hearings at SARS, a position he held from 2002-2005. He has also been the Chairperson of Disciplinary hearings and Appeal hearings at the University of Zululand since 2008 and was a panelist for the Alfred Duma Municipality, the Department of Health and Umvoti Municipality for periods of three years each. In these roles, Mr. Gwagwa demonstrated an ability to act with impartiality and was also able to reaffirm his commitment to transparency, accountability and fairness in those aspects of the legal process that are often less discussed.
Mr. Gwagwa is deeply involved in the upliftment of previously disadvantaged communities. He has been known to work with Hope Begins and Place of Hope, both of which are organizations dedicated to the upliftment of children in precarious situations. He is involved in mentoring students at the University of Zululand and is known to provide pro-bono legal advice to various underserved communities. This is indicative of his dedication to community service and the stewardship of the next generation.
Mr. Malizo Gwagwa has acted as a judge at various branches of the High Court between 2023 and the present year, with his most recent stint on the bench concluding on the 16th of May 2025. Gwagwa has, in particular, sat on the bench of the Durban and Pietermaritzburg divisions of the High Court.
In the case of Mtungwana, which dealt with an application under the Promotion of Access to Information Act No. 2 of 200, Mr. Gwagwa demonstrated a clear and thorough understanding of the meaning and import of PAIA as it pertains to the vindication of the constitutional rights of the Mr. Mtungwana. His reasoning was clear and fair, and engaged with all relevant aspects of the various intersecting rights and pieces of legislation. This judgment shows Mr. Gwagwa’s ability to be focused, direct and clear in his legal communication.
Mr. Malizo Gwagwa has had a distinguished career in the legal profession, marked by fervent dedication to the upliftment of under-represented communities. This dedication, combined with his broad field of legal expertise speaks to his suitability to be considered for a permanent position on the bench.
October 2025 JSC Interview
The Judicial Service Commission interviewed candidates for five vacancies in the KwaZulu-Natal Division of the High Court. Following deliberations, the Commission had resolved not to recommend Mr Malizo Samkelo Gwagwa for the position.
Mr Malizo Samkelo Gwagwa’s interview was unsuccessful.