Justice Maya’s Chief Justice Interview May 2024
PREVIEW: JUSTICE MAYA’S CHIEF JUSTICE INTERVIEW 2024
Following a full day of interviews for the Supreme Court of Appeal on Monday 20 May, on Tuesday 21 May the Judicial Service Commission (JSC) will interview the sole candidate for Chief Justice: Deputy Chief Justice Mandisa Maya. With current Chief Justice Raymond Zondo retiring in August 2024 after a mandatory 12-year term, President Ramaphosa has nominated Maya as his successor.
Ramaphosa kickstarted the process for nominating the next Chief Justice (CJ) earlier than in the past. On 20 February 2024, he sent a letter to both the JSC and leader of political parties of his nomination of Maya as Chief Justice.
Section 174 (3) of the Constitution gives the President leeway to determine how to appoint the top four positions in the judiciary (Chief Justice and Deputy Chief Justice, President and Deputy President of the SCA). In 2022 Ramaphosa broke from tradition and took a more competitive approach of nominating four candidates for CJ. This time, he has stuck to tradition and nominated only Maya.
Nevertheless, the nominee still has to go through the consultative process where both the JSC and leaders of political parties in Parliament give the President non-binding advice on her suitability. The parliamentarians have already done so. The JSC will do so after the interviews on Tuesday.
It is no exaggeration to say that the Chief Justice’s role is hugely significant, not only for the judiciary itself, but for the functioning of our constitutional democracy in general. Over the years the role has grown in complexity and requires a candidate who possesses several important qualities (which we discuss here). These include intellectual leadership both in law and policy, the highest integrity, a demonstrated commitment to constitutional values, keen administrative abilities, and the skill to speak for and on behalf of the judiciary. Maya possesses many of these, but it still important for the JSC to specifically ask for them.
Maya has previously been interviewed and found suitable for appointment as Chief Justice, so that is not in issue. What the JSC needs to probe is what plans she has for leading the judiciary into the future.
Maya seems to have settled in well at the Constitutional Court, having sat in 28 hearings, penned three unanimous judgments and concurred in five majority judgments in the 18 months she’s been on the apex court. The GCB says this proves that she commands the respect of her peers, is able to obtain consensus and foster collegiality.
However, politician Songezo Zibi has criticised Maya’s handling of the IEC v Mkhonto Wesizwe hearing, where she allowed Dali Mpofu SC to exceed his allocated time, in violation of the Concourt’s directives (and the loud buzzer). “By not reining Mpofu in, Justice Maya participated in the denigration of an institution that is supposed to be where all of us conform to the principles and norms that make us a democratic country,” Zibi says.
Since her appointment as Deputy Chief Justice in 2022, Maya has led the process to write a formal anti-sexual harassment policy for the judiciary, which is currently in consultation towards finalisation. As acting chairperson of the Judicial Conduct Committee, she has led efforts to speed up the process of adjudicating misconduct complaints against judges.
The explosive complaint of sexual harassment against Eastern Cape Judge Selby Mbenenge came four months into Maya’s tenure, and is about to start tribunal hearings 12 months later – which is fast by JSC standards and yet still not acceptable. Maya is also working on compiling a report on the Judicial Conduct Committee’s work, which will be a first – even though the JSC Act has required this report for well over a decade.
At the relatively tender age of 60, Maya will serve as Chief Justice until 20 March 2034, just five months shy of the full term of 12 years. Significantly, Maya’s term as Chief Justice will come when the South African judiciary is facing serious challenges and rapid changes.
The top resolution of the judges’ conference in December were two demands that the administration of the courts move from the hands of the Minister of Justice to the hands of judges themselves, and that the Magistrates’ Courts and the Superior Courts be unified under a single judicial branch. Both demands are complex and fraught with political tension between the judiciary and the executive. Maya will need to tell the JSC how she plans to navigate those demands and lead the largest institutional transformation of the judiciary.
While the judiciary remains strong as an institution, with capable, independent judges, there are weaknesses that should worry us. Maya will need to explain how she will work with the government to increase the number of judges to keep up with huge workloads, and how she will finally implement the technological revolution in the judiciary that’s been stalled by tender irregularities. Naturally shy and averse to media attention, Maya will have to explain how she will speak out in defence of the judiciary and inspire public confidence.
Over the years, the position of Chief Justice has grown in complexity and requires a deft hand. Maya will have the opportunity in her interview to cast a vision that will assure all South Africans that the judiciary is committed to its constitutional mandate to deliver justice for all.
Judges Matter will be following the JSC interviews. Keep up with the updates on www.judgesmatter.co.za and follow Judges Matter on X/Twitter ( @WhyJudgesMatter ) on LinkedIn and Facebook.
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