Capacity: Attorney
Gender: Female
Ethnicity: White
Date of Birth: January 1978
Qualifications: BA (1999) LLB (2001) (University of Stellenbosch)
Key Cases as an Instructing Attorney:
- Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others 2016 (5) BCLR 618 (CC)
- Democratic Alliance v Minister of International Relations and Cooperation and Others (Council for the Advancement of the South African Constitution Intervening) 2017 (3) SA 212 (GP)
- Democratic Alliance v Minister of Home Affairs and Another 2025 (7) BCLR 779 (CC)
- Democratic Alliance and Another v Public Protector of South Africa and Others 2023 (11) BCLR 1281 (CC)
- Rakgase and Another v Minister of Rural Development and Land Reform and Another 2020 (1) SA 605 (GP) (4 September 2019)
Candidate Biography | Updated March 2026:
Miss Elzanne Jonker is an Attorney of the High Court of South Africa and a Member of the Legal Practice Council.
Jonker is a Director at Minde Schapiro & Smith Inc., where she leads the Magistrates’ and High Court Litigation department. She graduated with a BA and LLB degrees from the University of Stellenbosch in 1999 and 2001, respectively, and commenced her professional career by joining the firm as a candidate legal practitioner in 2002. Ms Jonker was admitted as an attorney and a notary public in 2004 and qualified as a conveyancer in 2007.
As an Attorney, Ms Jonker has developed a specialised practice focusing on administrative law, constitutional law, and municipal law. To a lesser extent, she has also worked on cases related to labour law, criminal law, contract law, family law, and personal injury law. Her expertise extends to corporate and commercial litigation, as well as handling appeals in the Supreme Court of Appeal and the Constitutional Court.
Jonker has played a role as an instructing attorney in high-profile and precedent-setting Constitutional Court cases that addressed constitutional issues. In Economic Freedom Fighters v Speaker of the National Assembly and Others, the court ruled that the recommendations of the Public Protector of South Africa, a state affairs watchdog, are legally binding rather than advisory. This case established precedent affirming the independence of the Public Protector and other Chapter 9 institutions. In Democratic Alliance v Minister of International Relations and Cooperation and Others, the court ruled on South Africa’s attempt to withdraw without parliamentary approval from the Rome Statute of the International Criminal Court (ICC), which establishes the ICC’s jurisdiction over issues of genocide, crimes against humanity, war crimes, and the crime of aggression. The court ruled that the withdrawal from the Rome Statute by the Minister of International Relations and Cooperation was unconstitutional and invalid because it was done without parliamentary approval, affirming the separation of powers doctrine.
In Democratic Alliance and 1 other v Minister of Home Affairs and Another, Jonker instructed advocates on a significant constitutional issue related to a 1995 provision of the South African Citizenship Act. The 1995 Provision caused South Africans who voluntarily acquired citizenship of another country to automatically lose their South African citizenship. The Constitutional Court ruled that this Provision was unconstitutional and invalid from its promulgation in 1995.
In Democratic Alliance and another v Public Protector and others; President of the Republic of South Africa v Public Protector and Others, the Constitutional Court of South Africa affirmed the South African President’s right to suspend the Public Protector. This case clarified the oversight and disciplinary process for the Public Protector.
Jonker has served as an Acting Judge on the Western Cape High Court from April 2025 until March 2026. During this stint, she sat in the civil and criminal appeal court, ruling on matters related to civil law, road accident funds, case management rolls, criminal appeals, mental health reviews, and automatic bail appeals.
Beyond her roles in private practice, Jonker has a significant tenure in quasi-judicial and educational capacities. This includes being a member of the Tygerberg Attorneys Association for five years and serving on the management committee for the Magistrates’ Court portfolio for several years. Beyond this, Jonker has served as a Commissioner of the Small Claims Court since 2010 and lectured candidate legal practitioners on behalf of Legal Education and Development (LEAD).
April 2026 JSC Interview
After deliberations, the Judicial Service Commission decided not to recommend Ms Elzanne Mureen Jonker for appointment to the Western Cape High Court.