“Textbook Ramaphosa” is how Business Day has described the president’s “deft two-step” to appoint acting chief justice Raymond Zondo to the post permanently and elevating President of the Supreme Court of Appeal of South Africa, Judge Mandisa Maya to the deputy chief justice role held by Zondo.
It has been a slow and eventful road to appointing the nation’s top judge with the process tainted by the recent Judicial Services Commission (JSC) interviews of the four shortlisted judges in which the JSC recommended Maya for the chief justice post.
But Ramaphosa has made it clear that he is not constitutionally bound by the JSC recommendations and said as much when the commission made its recommendations. He also remarked on how unusual it was for the JSC to go as far as recommending someone publicly.
Business Day writes that in Zondo and Maya, Ramaphosa has selected two justices of varying style and ideologies, Zondo the traditionalist, and Maya the visionary.
There has been much said in recent weeks over the possibility of the Constitutional Court being headed by its first female chief justice. In particular, the EFF and its leader Julius Malema, who sits on the JSC, have made it clear they want to see female judges empowered.
Business Day writes that it isn’t uncommon for the deputy chief justice to assume the top job when the time is right as has now happened with Zondo. He rakes over the reins from Mogoeng Mogoeng who left the role when his term expired six months ago.
In promoting Zondo, Ramaphosa could well be paving the way for Maya to be elevated to chief justice in the future.
Law professor Omphemetse Sibanda believes this to be the case and says as much in his latest column for Daily Maverick.
Sibanda writes that the appointment of Zondo is a bitter-sweet moment for South Africa as it happens to coincide with the first-ever International Day of Women Judges and many female judges might have hoped for Maya to take the chief justice position.
“You can imagine a conference room of female judges meeting to celebrate the day and to learn, in solidarity with one another’s lived experiences, the news that South Africa is not to have a female Chief Justice yet. At least the symbolism of the lack of women leaders at the Constitutional Court is slowly breaking down, with Maya identified for the position of Deputy Chief Justice.
But Sibanda doesn’t rubbish Zondo’s appointment either and writes that an appreciation and welcoming of Zondo as chief justice is in order.
No matter who leads the Constitutional Court, it is an immense task that carries with it enormous responsibility and we should all wish justices Zondo and Maya well on their new journey.
They will surely have to safeguard our constitution and increasingly fragile liberal democracy in years to come and in that endeavour they deserve our full support.
Here’s a roundup of interesting opinions, analyses, and editorials:
FRIDAY BRIEFING | Putin’s war: Did Russia make a mistake by invading Ukraine? – News24 (for subscribers)
MAKHUDU SEFARA | Sorry but it’s true: what could’ve been a no-fly zone is a no-friend zone – Sunday Times Daily (for subscribers)
HILARY JOFFE: Global capacity for sanctions far more effective than in the days of apartheid – Business Day (for subscribers)
STEVEN KUO: Remaining neutral allows SA to be available as a viable peace facilitator – Business Day (for subscribers)
TONY LEON: Like Putin, SA’s ANC leaders are steeped in nostalgia for the Cold War – Business Day (for subscribers)
Can Ramaphosa’s new disciplinary committee operate beyond factional lines? – Mail & Guardian
Mbalula’s Ukraine tweet: Sick attempt at a joke? – The Citizen (for subscribers)
