Umm Muhammed Umar

President Cyril Ramaphosa has appointed Raymond Zondo as South Africa’s new Chief Justice. The President’s announcement this week also said that he nominated Judge Mandisa Maya for the position as Deputy Chief Justice of the country. Zondo was shortlisted, with judges Mbuyiseli Madlanga and Dunstan Mlambo, with the JSE recommending Maya. Radio Islam spoke to Research and Advocacy Officer at the organization, Judges Matter, Mbekezeli Benjamin.

Benjamin said that they were relieved that Ramaphosa finally made the decision. However, he added that they were surprised by his decision, “but I think the surprise comes from that he only has two years remaining as in the position. And so, he retires quite soon. So, one would have expected maybe someone with a few years to give to the job to be appointed as chief justice.”

Benjamin seemed quite pleased, saying, “the candidate was justified – he was recommended by the JSE as well – but we do welcome the appointment and Justice Zondo is an experienced judge, just finished 25 years in the judiciary.” He added, “He’s been Deputy Chief Justice for the last five years. And he’s also active in the position of Chief Justice for the last year. So, he brings with him all this experience into the job and we believe that he’s a safe pair of hands.”

In Benjamins view Zondo was not tainted by the Commission of Inquiry into State Capture. He said that Zondo was able to deal with a very difficult assignment and able to deliver what, in his opinion, had been really strong reports.

Some from within the ANC have been murmuring that that President Ramaphosa was implicated at the Zonda Commission, but was not fingered in the in the in the final report, seeing this as some sort of a payback. But Benjamin said that the final reports would only be delivered at the end of April, “So, we don’t know whether the President will be implicated or not. We don’t know what the final recommendations will be. And so, it might be a little bit premature to link this (Raymond Zondo as South Africa’s new Chief Justice) appointment with whatever will come from the State Capture report.”

The manner in which Justice Maya’s interviews were conducted came across as controversial. There was a sense that the line of questioning, especially from Julius Malema and Dali Mpofu, was ‘light’ compared to the line of questioning of other candidates. Many became suspicious when the JSE chose her in the manner that they chose her. There were questions surrounding her deserving of the position of Deputy Chief Justice, ahead of Dunston Mlambo, whom many felt had the edge. Benjamin said he thought that Justice Maya brought with her a lot of credibility, a lot of experience, and some good ideas of for the role of Chief Justice. He said, “the way that the interviews were conducted, does not in any way, in our view, reflect her as an individual or as a judge, but it rather reflects the broken nature of the Judicial Service Commission.” He expressed conviction in her ability to fulfil her new role.

There was a theory suggesting that President Ramaphosa had been strategic in appointing Justice Zondo as Chief Justice, with Justice Maya, the Deputy. While it’s not automatic that she becomes the next chief justice in in two years’ time, she has to vacate her seat as the Head of the Supreme Court of Appeals. Meanwhile, Justice Mlambo can still be considered for the position, perhaps with a little bit less heat around his name. Benjamin, however, said, he did not know much about political strategy, but that “one of the good things that came out of this process is that we really saw exceptional judges, who put themselves forward for Chief Justice, and giving them other responsibilities within the judiciary, is one way of ensuring that talent is not lost.” He added, “It’s making sure that we bring in people with the skills and experience and who have the vision to lead the judiciary.”