Capacity: Magistrate
First appointed as a magistrate: November 2015 (Wynberg District Court)
Gender: Female
Ethnicity: Black
Date of Birth: July 1973
Qualifications: LLB (2006)(University of the Western Cape)
Key Judgments:
- State v. Rajabu (Review) (65/2025) [2025] ZAWCHC 160; 2025 (2) SACR 325 (NCK) (1 April 2025)
- L.C v J.C and Others (17335/2022) [2024] ZAWCHC 247 (9 September 2024)
- Cooper N.O. and Others v. VAB Sales and Distribution (Pty) Ltd (1498/22) [2024] ZAWCHC 379; [2025] 1 All SA 178 (WCC) (19 November 2024)
- Reggio and Another v Regional Magistrate, Bellville Specialised Commercial Crimes Court (Mrs Sonnenberg) and Others (18554/2023) [2025] ZAWCHC 50 (14 February 2025)
- Kabula and Another v. Standing Committee for Refugee Affairs and Others (23123/23) [2025] ZAWCHC 7 (16 January 2025)
Candidate Bio | Updated August 2026:
Magistrate Sharon Mthimunye is a permanent magistrate in the Wynberg District Court.
Over nearly 20 years, her legal career has evolved from private practice to judicial service as a magistrate and Acting Judge. Between April 2024 and August 2025, Mthimunye served for 38 weeks as an Acting Judge in the Western Cape Division of the High Court, where she presided over a range of matters, including full-bench criminal and civil appeals, immigration matters and insolvency proceedings.
While studying for her LLB, which she obtained in 2006, Mthimunye worked as a Personal Loan Consultant at Nedbank. After being admitted as an attorney in 2008, she founded Sharon Williams Attorneys, where she practised until 2011, focusing primarily on family, criminal and delictual matters. Her transition to the bench began in 2011 as an Acting District Court Magistrate in Wynberg, an appointment that subsequently became permanent in 2015. She further developed her judicial experience through acting appointments as a Regional Court Magistrate in Stellenbosch between 2022 and 2023 and as an Acting Judge of the Western Cape High Court from 2024.
During her acting tenure at the High Court, Mthimunye delivered several reported judgments across diverse areas of law. In State v Rajabu, she presided over a special review arising from a criminal trial in which the accused had been represented by a practitioner who had been struck from the roll of advocates. In setting aside the proceedings, Mthimunye held that representation by an unauthorised practitioner constituted a gross irregularity that infringed the accused’s right to a fair trial.
In the field of company law, Mthimunye ruled in Cooper N.O. and Others v VAB Sales and Distribution (Pty) Ltd that payments made after the commencement of a company’s winding-up were void, ordering the repayment of more than R1 million to the liquidators. The judgment reinforced the statutory restrictions on dispositions of company assets following liquidation and the protection afforded to creditors.
In Kabula and Another v Standing Committee for Refugee Affairs and Others, Mthimunye addressed an administrative and constitutional law dispute concerning the cessation of refugee status. She overturned the Committee’s decision to revoke the refugee status of a Congolese medical doctor, finding it illogical and unconstitutional, and reaffirmed the principle of non-refoulement and South Africa’s obligations to protect refugees facing a genuine risk of persecution or serious harm in their country of origin.
Beyond her jurisprudence, Mthimunye identifies mentorship and advancing gender equity as important contributions to the legal profession. Since 2015, she has mentored female law students and magistrates through the South African Chapter of the International Association of Women Judges (SAC-IAWJ), where she has also served as Provincial Coordinator. She is also an active member of the Black Lawyers Association (BLA) and the Judicial Officers Association of South Africa (JOASA).
Outside the courtroom, Mthimunye is an active member of the Uniting Presbyterian Church of South Africa (UPCSA) and has served as a committee member of its General Assembly Ethics Committee. She contributes to promoting social justice and the public wellbeing of the community she serves.
Mthimunye has 15 years’ experience presiding as a magistrate and has acted as a judge over six terms, producing more than 10 reported judgments across criminal, civil, administrative, constitutional, immigration, insolvency and company law. Her career reflects a sustained commitment to judicial service, mentorship, gender equity and community engagement. She will soon return to the hot seat before the JSC commissioners and hopes for a more favourable result than in April 2026.
April 2026 JSC Interviews
After deliberations, the Judicial Service Commission decided not to recommend Ms Sharon Mthimunye for appointment to the Western Cape High Court.