The shortage of women judges in the ConCourt is expected to rank high in the JSC's considerations for the vacant post of judge.
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The shortage of women judges in the Constitutional Court is expected to rank high in the Judicial Service Commission’s considerations for the vacant post of judge.
The Judicial Service Commission (JSC) will conduct interviews for a vacancy in June, after it had to be re-advertised due to lack of interest.
This week it announced that three Supreme Court of Appeal judges - Lebotsang Bosielo, Mandisa Maya and Robert Nugent - and Labour Court Judge Ray Zondo had been shortlisted.
There are only two women judges at the court.
All indications are that the position will be highly contested since it is the first in a series of Concourt posts to become vacant in the next few years.
Justice Zakeria Yacoob, who is acting deputy chief justice, will retire next year. Justice Thembile Skweyiya will retire in 2014.
Constitutional law expert Professor Pierre de Vos said the JSC would have to consider the composition of the Concourt Bench.
De Vos said the JSC should also consider the candidate’s judicial philosophy.
“What is required of a Concourt judge is something more than technical knowledge. The ideal candidate should display an understanding of the values which underlie the constitution, such as human dignity.”
He said the JSC should ask questions about the “substantial issues of the day…”
The JSC has recently come under fire for the manner in which it has conducted interviews, with some in the legal fraternity believing that there is behind-the-scenes lobbying.
This is said to have contributed to the dearth of candidates at the Concourt and high court level.
De Vos said this interview and the two which would follow in 2013 and 2014 were “pivotal”.
“If the JSC is not going to appoint judges who are intellectually vigorous and robust in their approach, it can fatally weaken the court and its credibility.”
The court could become more conservative, he said.
Meanwhile, Stellenbosch University Professor Sandra Liebenberg said the Concourt was looking for someone “with an unblemished record”.
She believed Judge Maya, who is currently acting at the Concourt, had a strong chance of success because of her experience and “perspective as a woman”.
The Candidates
Judge Lebotsang Bosielo
Supreme Court of Appeal judge since 2009. Nominated by high court Judge Frans Legodi.
In his CV, Bosielo says he has helped train many aspirant judges.
In 2007 Bosielo acted as judge president in the Northern Cape where there was a “war among the six judges” who sat on the court.
“The situation was so bad that there were basically two warring camps. I had to play the role of a peacemaker, a reconciler and mediator.”
By the time he left, Judge Bosielo said he had “extinguished the fire”.
Judge Mandisa Maya
Supreme Court of Appeal judge since 2006. Previously worked as court clerk before moving on to be a prosecutor, assistant state legal adviser, lobbyist and lecturer.
Nominated by the Women’s Legal Centre, the SA chapter of the International Association of Women Judges, SA Women Lawyers Association and the Gender Health and Justice Unit.
She “does not take violence against women and children lightly and understands the importance of applying the law equally to all people”, the Women’s Legal Centre said.
Judge Ray Zondo
North and South Gauteng High Court judge since 2010.
Spent 15 years as a Labour Court judge. Nominated by the Black Lawyers Association with the support of labour lawyer Michael Bagraim. In addition to his extensive labour law background, Judge Zondo has dealt with contractual, commercial, administrative and criminal law.
“We not only have the utmost respect for Judge Zondo, but we also view (him) as a valuable asset for South Africa as a whole,” Bagraim wrote in his letter of support.
Judge Robert Nugent
Supreme Court of Appeal judge since 2002. Nominated by advocate Vincent Maleka SC.
Former member of Lawyers for Human Rights and former legal adviser for the City of Johannesburg.
“His skills and scholarship as a jurist, and the enormous contribution he has made in the development of important legal principles in the field of labour law, public law including constitutional and administrative law… are well known and readily discernable from reported judgments he has delivered,” Maleka said. - Sunday Independent