Capacity: Advocate of the High Court
Date of Admission / Appointment: Advocate of the High Court of South Africa (2007)
Senior Lecturer in Law at the University of Limpopo (1994)
Further Appointments: Director: Legal and Quasi – Legal learning, at Brigitte Mabandla Justice College (BMJC) (2019)
Gender: Female
Ethnicity: African
Born: June 1960
Qualifications: B Iuris (1988)PhD (2016)(University of Venda), LLB (1991)(UP), LLM (1998)(Wits)
Publications
Candidate Biography | Updated August 2025:
Dr Madumetja Kate Malepe is an Advocate of the High Court.
It may be perhaps Malepe’s submission to the JSC that scholarship itself is a form of judicial preparation.
Malepe’s academic odyssey began at the University of Venda with a B Juris, then meandered through Wits and Pretoria before coming full circle to earn her PhD at Venda in 2016. It’s the kind of educational journey that suggests either a remarkable loyalty to one’s roots or a profound appreciation for irony, perhaps both.
After completing her LLB at Witwatersrand in 1992, Malepe dove headfirst into the world of research as an intern at the Centre for Applied Legal Studies, nurturing a passion for investigating real community issues. She went on to teach, but unlike those who treat academia as a brief pit stop, she made a long-term commitment, building a lasting career at the University of Venda.
She boasts an impressive twenty-five years at the University of Venda, rising from lecturer to Senior Lecturer, with eight years in senior management as Head of the Department of Private Law from 2006 to 2014. It’s the kind of institutional commitment that makes university administrators weep tears of joy.
During her tenure, she didn’t just teach law, she reviewed module and course curricula, introduced staff to capacity development workshops, kept an eye on departmental finances, and managed to coordinate and plan departmental activities. Essentially showing that leadership at a university is part legal expertise, part project management, and part superhero-level multitasking.
Her doctoral research, completed at Venda in 2016, explored the implications of the Use of Official Languages Act 12 of 2012 on establishing indigenous language courts in the Vhembe District, Limpopo province. It’s exactly the kind of research that bridges academic theory with practical implications, hinting at someone who thinks deeply about access to justice in South Africa’s multilingual reality.
Furthermore, Malepe’s publications reveal a scholar unafraid to tackle thorny issues. For instance, one of her many papers, titled Exploring the Interplay Between the Right to a Fair Trial and Other Constitutional Rights in South African Criminal Proceedings, examined how language use in South African criminal courts impacts an accused person’s right to a fair trial. Arguing that the predominant use of English as the sole language of record for non-English speakers creates an unfair trial. This, in turn, infringes on other constitutional rights like dignity, life, liberty, and equality
Malepe’s work for any onlooker seems to showcase a fascination of the relationship between language and criminal law. An observation that the JSC will surely be interested in exploring.
Importantly , Malepe has written extensively on the tension between customary law and constitutional values, arguing for respectful balance rather than wholesale rejection. Her work on property rights, employment law, and human rights demonstrates both breadth and depth qualities that translate well to the varied docket of a judge.
Recognition has followed her illustrious career in scholarship, the Vice-Chancellor’s Excellence Award in 2011, research awards, and multiple grants. Malepe a force in the Academic sphere, yet also practiced as an advocate until 2012, appearing as defence counsel , predominately dealing with criminal matters as well as labour matters.
Until 30 June 2025, Malepe served as Director in the Legal Learning Unit at the Brigitte Mandla Justice College within the Department of Justice and Constitutional Development. This marked the culmination of a long career in legal education and development. This role ending as a result of Malepe’s age may likely draw the attention of the JSC process. At 65, it could either be seen as a source of wisdom and maturity that the Constitutional Court may benefit from, or as a critical limitation.
Although Malepe has practised as an advocate and has written and presented extensively at conferences, the JSC may question why, after many years in academia, she has only a single peer-reviewed publication to her name.
It is also common for academics and advocates seeking judicial appointment to undertake acting stints – especially in courts they look to be appointed to – allowing them to demonstrate their ability to adjudicate and draft judgments. The absence of such experience is likely to be a point of interest, particularly given that she is petitioning for a position at the apex court.
From Advocate to PHD and perhaps soon, Justice Malepe? The JSC will have to weigh whether her experiences are both broad and deep enough to outweigh any concerns around her age, and lack of acting experience.
October 2025 JSC Interview
Dr Madumetja Kate Malepe’s October 2025 interview for a position on the Constitutional Court was unsuccessful. She was not nominated for appointment.