Capacity: Attorney
Gender: Female
Ethnicity: Black
Date of Birth: June 1970
Qualifications: B Juris (1990) LLB (1992) (University of Fort Hare)
Key judgments:
- Lebetsa v S (CA&R118/16) [2017] ZAECGHC 63 (23 May 2017)
- Dyongo v Road Accident Fund (2465/2021) [2023] ZAECMKHC 56 (4 May 2023)
- Gcweka and Others v Road Accident Fund (756/2021; 5174/2021; 831/2022) [2023] ZAECMHC 43 (23 August 2023)
Candidate Biography | Updated April 2026
Ms Shirley Thembela Tilana-Mabece is an Attorney of the High Court of South Africa.
She holds a B Juris and LLB degree from the University of Fort Hare. Ms Tilana-Mabece began her legal career as a volunteer at an NGO working with the public on issues of family law, housing, estates, consumer rights, and human rights. She articled with the office of the State Attorney in 1994 and was admitted as an attorney in 1996.
Tilana-Mabece continued working with the office of the State Attorney and was eventually promoted to Senior Assistant State Attorney. In this position, she gained broad exposure by working on litigation matters before the Supreme Court of Appeal, High Court, Magistrate’s Court, Labour Court, Land Claims Court, Criminal Court, CCMA, and Bargaining Councils, mainly focused on issues of administrative and constitutional law, delicts, personal injury, contracts, labour law, and criminal law.
In 2003, Tilana-Mabece joined the South African Revenue Service (SARS) after earning her Tax Law Certificate from UNISA. In this role, she worked as a legal advisor and prosecutor with daily court appearances. In 2005, Tilana-Mabece left SARS to work for Maxima Global Consulting, where she was involved with the legal and litigation support unit.
Since 2007, Tilana-Mabece has practised for her own account, providing services to government and state-owned entities, municipalities, and private companies in the areas of administrative law, commercial and corporate law, general litigation, property law, and labour and dispute resolution.
Ms Tilana-Mabece started serving as an Acting Judge in the Eastern Cape Division in 2016, in appointments ranging from 1 to 2 months each in 2016, 2017, 2023 (3 stints), and 2025 (2 stints). During these appointments, she sat in both civil and criminal courts. She has handed down various judgments while seated at the court, with two being taken on appeal, where the sentences in both instances were overturned and changed to life sentences.
In Dyongo v Road Accident Fund, Tilana-Mabece invalidated several contingency fee agreements, reasoning that the Contingency Fees Act’s requirements are peremptory and specifically require agreements to be entered into with individual legal practitioners rather than juristic law firms. She emphasised that legal practitioners have a non-discretionary obligation to seek judicial oversight before accepting settlements to ensure the protection of their clients’ interests.
In Gcweka and Others v Road Accident Fund, Tilana-Mabece refused to strike out the defendant’s defence, reasoning that such a “drastic step” potentially violates the Section 34 constitutional right to a fair public hearing unless non-compliance is proven to be deliberate and contemptuous. She concluded that procedural prejudice caused by delays is better addressed through compensatory cost orders rather than depriving a litigant of the opportunity to justify their defence in court.
In Lebetsa v S, a criminal case, Tilana-Mabece set aside a direct imprisonment sentence, reasoning that the trial court committed a material misdirection by relying on outdated case law and failing to properly consider modern legislative sentencing options such as correctional supervision. While acknowledging the appellant’s high blameworthiness, she held that alternative sentencing options can adequately serve the interests of justice even in cases of culpable homicide.
Ms Tilana-Mapece holds membership in various professional bodies, including the South African Women Lawyers Association and various Lawyers Societies. Throughout her career, she has focused on giving back. In her early career, she took part in legal work with the State Attorney, assisting widows and widowers of the CNDF and SANDF with claims against the state for loss of support and legal guardianship of their minor children, and worked for indigent debtors during section 65 proceedings. Later, working for her own account, Ms Tilana-Mapece offers pro bono services on matters related to the NCA, foreclosures and labour matters.
April 2026 JSC Interview
After deliberations, the Judicial Service Commission decided not to recommend Ms Shirley Thembela Tilana-Mabece for appointment to the Eastern Cape High Court.