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Judge Dephney Mahosi

Capacity: Judge
Further appointments: N/A
First appointed as a judge: July 2017 (Labour Court)
Gender: Female
Ethnicity: African
Date of Birth: October 1972
Qualifications: B. Proc (1997)(University of Limpopo), LLB (1998)(University of Limpopo), Diploma in Insolvency Law (1999)(University of Pretoria), Certificate in International Commercial Law (1999)(Vrije University), Certificate in Substantive Law, Conciliation, Jurisdictional Ruling, Managing Dismissal, Arbitration and Legal Drafting (2011)(CCMA),

 

Key judgments:

Candidate Bio | Updated August 2025

Judge Dephney Mahosi sits as a Judge in the Labour Court.

Mahosi holds a BProc and LLB from the University of Limpopo. She has a certificate in international commercial law from Vrije University in the Netherlands and a diploma in insolvency from the University of Pretoria. Mahosi has also completed further training in the form of Significant Leadership: a Program for Senior Woman Lawyers (2015) and Judicial Skills Training (2012).

Mahosi began her legal career as a Candidate Attorney at Mankoe and Magabane Attorneys in 2001. Judge Mahosi has had various positions prior to her elevation to the bench in 2017, including working as a researcher, an attorney, and a legal educator. From 2003 until her elevation to the bench, Mahosi acted as the director of and an attorney for her own law firm, D Mahosi Inc Attorneys. Judge Mahosi has also sat as an Acting Judge in the Gauteng Division of the High Court.

In addition to her judicial duties, Judge Mahosi is recognised for her professionalism, collegiality, and contribution to the broader legal community. She was a lecturer in Mercantile Law at the University of Limpopo between 2003 and 2010, as well as instructing part-time, at the School for Legal Practice, showing her commitment to legal education and the mentoring of the next generation of legal minds.

Mahosi has also held several positions as a part-time commissioner. She has taken up this role for the Commission for Conciliation Mediation and Arbitration (both the Limpopo and Ekurhuleni divisions)(CCMA), the National Bargaining Council for the Road, Freight and Logistics Industry (NBCRFLI) and the Motor Industry Bargaining Council (MIBCO).

Judge Daphney Mahosi is a respected member of the South African judiciary, renowned for her principled approach to the law and her substantial contributions to the Labour Court. With a professional trajectory that spans private legal practice, public service, and judicial leadership, she has distinguished herself as a jurist of integrity, intellectual rigour, and unwavering dedication to justice.

As a practitioner, Judge Mahosi built a reputation for meticulous preparation, persuasive advocacy, and a keen understanding of the human and societal implications of legal disputes. These skills translated seamlessly into her judicial work, where she has presided over a wide range of cases with fairness and clarity.

Appointed to the Labour Court of South Africa, Judge Mahosi quickly established herself as a leading voice in labour jurisprudence. Her judgments have been praised for their analytical precision, structured reasoning, and ability to distil intricate legal issues into clear, actionable principles. She has consistently demonstrated sensitivity to both the rights of employees and the legitimate interests of employers, ensuring that her decisions uphold constitutional values while fostering balanced workplace relations.

Mahosi’s judgment in the case of Changing Tides v The City of Johannesburg, where she found that all organs of state, including municipalities have a constitutional obligation to comply with Court orders and actively protect the rights of evicted persons to safe housing by ensuring that they are housed in conditions that are not deteriorating, is a good example of her ability to engage with complex constitutional matters.

Judge Mahosi’s influence extends beyond individual rulings. Her body of work reflects an enduring commitment to the transformative vision of South Africa’s Constitution, particularly in advancing equity, dignity, and fair labour practices. Many of her decisions have been cited by her peers and higher courts, reinforcing her role in shaping the evolving interpretation of labour and constitutional law.

For example, the case of Van Tonder v Sibanya Stillwater Ltd and others, wherein Mahosi confirmed that a supervisor who submerged his employees in a fishpond as a form of alternative discipline was engaging in racially abusive and constitutionally impermissible conduct, which disrespected the human dignity of his employees and the principle of Ubuntu.

She brings to the bench not only legal expertise but also a deep awareness of the socio-economic contexts in which disputes arise, ensuring that her judgments resonate with both legal and public audiences.

October 2025 interview

 

The Judicial Service Commission interviewed candidates for eight vacancies in the Gauteng Division of the High Court. Following deliberations, the Commission had resolved to recommend Judge Daphney Mahosi for the position.

Judge Daphney Mahosi’s interview was successful.

 

 

April 2017 Interview:

Interview Synopsis: 

When asked how she has managed to overcome the numerous hurdles that women in the legal fraternity have to overcome, Ms Dephny Mahosi said it was “important to keep your eye on the ball, to peservere, and to get support from colleagues and friends… Its hard work, and hard work all the time.”

The commission did take her to task for delivering judgments tardily, including taking as long as six months — double the maximum time allowed for in the norms and standards which govern judges. Mahosi said this was “due to my trying to be perfect and in trying to find a style of writing I would over-analyse cases”.

Mahosi said she had “learnt from my experience” and now adopted a style that was more concise “without compromising on quality”. Acting President for the Supreme Court of Appeal, Madisa Maya, reassured Mahosi that she had “enjoyed” Mahosi’s judgments because “you write well”. Maya added that she was impressed by Mahosi’s CV.

Asked by commissioner Nomtandazo Ntlama, representing the law academics at the commission, what Mahosi’s time as an academic had added to her ability to adjudicate, the candidate said: “Being an academic involves researching the law, that’s a very important skill for judges: to be able to find the law and apply it.”

Mahosi said that if appointed, she would bring “compassion” and the “love of the law” to the judiciary: “I bring understanding, patience and being able to listen, these are very important skills to have.”