President Cyril Ramaphosa has finally nominated a woman to lead South Africa’s judiciary after failing to do so two years ago following recommendations from the Judicial Services Commission (JSC).
Vincent Magwenya, the spokesperson for the presidency, announced that Deputy Chief Justice (DCJ) Mandisa Maya has been nominated by Ramaphosa to succeed Chief Justice (CJ) Raymond Zondo upon his retirement in the next six months.
If appointed, Maya will not only be the first woman CJ, but mostly the first to lead the judiciary arm of the state in a multiparty coalition government since the enactment of the democratic Constitution in 1997. Although South Africa enjoyed a government of national unity from April 27, 1994, to February 3, 1997, under an interim constitutional democracy headed by the African National Congress’ Nelson Mandela as president and the National Party’s Frederik Willem De Klerk as his deputy, this was a temporary arrangement while South Africa’s new Constitution was being developed.
“President Cyril Ramaphosa has, in terms of Section 174(3) of the Constitution, embarked on a process of consultation with the leaders of political parties represented in Parliament and the Judicial Service Commission to convey his nomination of Judge Mandisa Muriel Lindelwa Maya as Chief Justice of the Republic of South Africa. Judge Maya currently serves as Deputy Chief Justice and has held the positions of Deputy President and President of the Supreme Court of Appeal.
“The position of Chief Justice will become vacant on 31 August 2024 when the term of office of Justice Raymond Zondo comes to an end. The Chief Justice was appointed as a Justice of the Constitutional Court for a 12-year term with effect from 1 September 2012. The Chief Justice will therefore complete his term as a Justice of the Constitutional Court with effect from 31 August 2024. President Ramaphosa has invited the leaders of political parties represented in the National Assembly to make submissions on the suitability or otherwise of Deputy Chief Justice Maya to hold the office of Chief Justice,” said Magwenya in a statement.
Magwenya said Ramaphosa has also nominated Justice Dumisani Hamilton Zondi as Deputy President of the Supreme Court of Appeal.
Justice Zondi currently serves as a Justice of the Supreme Court of Appeal.
“The term of office of the current Deputy President of the Supreme Court of Appeal, Justice Xola Petse, will come to an end on 10 July 2024, when he attains the age of 70 and will be automatically discharged from office. President Ramaphosa has invited the Judicial Service Commission to make submissions on Justice Zondi’s suitability for the position for which he has been nominated,” said Magwenya.
In 2022, Ramaphosa nominated Justice Maya for the DCJ after she was initially recommended to become CJ by the JSC. Despite the outcry from political parties, Ramaphosa chose Zondo over Maya, which caused controversy since Zondo was the last preferred candidate among the four judges interviewed for the position.
Maya was appointed as DCJ in July 2022, and her official starting date was September 1, 2022.
During her interviews for the DCJ position, Maya, the then President of the Supreme Court of Appeal, told the JSC that she was concerned about men generally being favored over women within the judiciary.
“South Africa lags far behind many countries, even in the continent, insofar in diversifying its judiciary is concerned… No country is going to thrive if the majority of its citizens are downtrodden. That is a scientific fact. South Africa has never had a woman in its highest echelons. I’m the furthest, as the President of the SCA, that women have come close to smelling what it is to actually take, just being in charge of your institution and being given an equal opportunity as your male counterparts to show your prowess, your skills,” said Maya.
