Capacity: Attorney
Gender: Male
Ethnicity: African
Further appointments: N/A
Key judgments:
(1) K v (Pty) Ltd v Serakwane A354/2018 [2019] ZAGPPHC 392 (16 August 2019);
(2) O v Companies and Intellectual Property Commission of South Africa (54506/2019) [2020] ZAGPPHC 208 (14 May 2020);
(3) S v Ndebele (A207/2016) [2018] ZAGPJHC 690 (26 June 2018);
(4) IGS Consulting Engineers v Dekra Industrial RSA (Pty) Ltd, Unreported Judgment, Case No. 11769/2019, Gauteng High Court, Johannesburg
Candidate Bio:
After completing his articles in 1995-1997, Mr Malungana started his own practice in 1998 and has been in private practice since then. He has been a director at Matojane Malungana Inc. since 2008 to date. Malungana has extensive experience in contractual litigation, matrimonial matters, and commercial law. He is also a court-annexed mediator. He regards his pro bono representation of indigent clients as his most significant contribution to the law and the pursuit of justice in South Africa.
Mr Malungana was first appointed as an acting judge in 2016 in the Gauteng High Court. He has been appointed during the subsequent years during different court terms. He holds a B.Proc degree from the University of the North (1994). He also holds a diploma in contract interpretation and drafting from the University of Johannesburg (2013) and a certificate in commercial mediation from the Law Society of the Northern Provinces.
April 2021 Interview Synopsis:
Attorney Hasani Malungana’s interview lasted just under twenty minutes. Enough time for him to crash and burn like a one-winged plane coated in benzene.
He appeared out of his depth when asking Chief Justice Mogoeng Mogoeng to explain commissioner Engela Schelmmer’s question about what his judicial philosophy was (using Constitutional principles to guide his adjudication was his answer). And then things nose-dived from there.
It appeared that Malungana may have embellished his CV to bump up his community activity work. He conceded that he wasn’t involved in any community projects with the church he had listed in the extracurricular activity section of his application and just attended services whenever he needed a spiritual lift. Nor was he too sure which student activist body he had belonged to as a high school learner in the early 1990s: Sasco or Cosas.
His school years certainly threaten to be longer than any career path in the judiciary at this rate.
April 2021 Interview:
