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Advocate Nicola Molony

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Adv N Molony_5916

Capacity: Advocate
Gender: Female
Ethnicity: White
Date of Birth: July 1979
Qualifications: BA (2000) LLB (2002) (Rhodes University)

Key judgments & Appearances:

Candidate Bio | Updated March 2026:

Advocate Nicola Molony is a member of the Eastern Cape Society of Advocates.

Hailing from the Eastern Cape, Adv Molony completed a BA and an LLB degree from Rhodes University. Molony has been an advocate of the High Court since 2003, and has served as an acting judge in the Eastern Cape division on 12 occasions since May 2016. In addition, she has previously served as an acting magistrate between 2009 and 2013. Her practice has a wide range and includes both criminal and civil work, covering areas such as commercial law, personal injury matters, and labour law.

Molony has appeared in some significant cases as an advocate. As a Junior, in Eastern Cape Parks and Tourism Agency v Medbury (Pty) Ltd t/a Crown River Safari 2018 (4) SA 206 (SCA), she appeared in a matter which related to the interpretation of the Game Theft Act on the aspect of how ‘sufficient closure’ was determined. In Erasmus v Dr Beyers Naude Local Municipality 2021 JDR 0710 (EGG), she appeared for the defendant at the quantum stage. The matter was between an employer who dealt with allegations of sexual harassment towards the employee (plaintiff). It concerned complex issues relating to the extent of employability of the plaintiff (who suffered PTSD over several years).

As an acting judge, she penned S v Mapasa and others 2024 JDR 3695 (ECGEL) concerning the admissibility of a confession, a pointing out, and an admission by three defendants accused of murder, kidnapping, and assault with the intent to cause grievous bodily harm. Molony heard testimony from experienced officers, including those who recorded statements, considered that all statements were prescribed pro-forma and the accused were informed of their rights in isiXhosa or English, and that photos of the accused did not show signs of torture or injury. Ultimately, she found that there was no credible evidence of torture or coercion to support the defence’s claims and that minor discrepancies in documentation do not undermine the reliability of police testimony.

Molony also wears an academic hat and lectures on criminal law and criminal procedure at Rhodes University. She has clearly left a great impression and is highly respected at her alma mater as she was nominated by the Vice-Chancellor as a Prosecutor and Proctor with a focus (as Prosecutor) on matters relating to gender-based violence. In addition, she also trains Assistant Prosecutors and allows them to gain experience working alongside her in the prosecution.

 

April 2026 JSC Interview

After deliberations, the Judicial Service Commission decided not to recommend Adv Nicola Molony for appointment to the Eastern Cape High Court.