In heed to calls from the legal fraternity to appoint the next deputy chief justice, President Cyril Ramaphosa has initiated consultation with the Judicial Service Commission (JSC) and leaders of political parties represented in the National Assembly on this crucial appointment.
The Constitution provides that the president, as head of the National Executive, after consulting the JSC and the leaders of parties represented in the National Assembly, appoints the chief justice (CJ) and the deputy chief justice (DCJ).
The position of deputy chief justice has been vacant since September 1, last year, when the then-Deputy Chief Justice Mandisa Maya rose to the position of chief justice.
Ramaphosa’s spokesperson, Vincent Magwenya, said in a statement that the president has, in a written submission to Chief Justice Maya, who chairs the JSC, invited the commission for its views on the suitability of four candidates who are being considered for appointment by the President.
The four candidates are judges Dunstan Mlambo, Mahube Molemela, Cagney John Musi, and Lazarus Pule Tlaletsi.
President Ramaphosa underscores in his letter to Maya that the deputy chief justice plays a crucial role in the leadership of the judiciary and in upholding the principles of justice, constitutional democracy, and the rule of law.
The president has advised Chief Justice Maya that, as directed by the Constitution, he has also initiated consultation on this appointment with the leaders of parties in the National Assembly.
Justice Mbuyiseli Madlanga has been acting as DCJ of the apex court for the past seven months, but his non-renewable 12-year term on the Constitutional Court ends in July.
Online group Judges Matter, which advocates for transparency and accountability within the judiciary, earlier said it was time for a permanent deputy. It said that since the appointment of Justice Maya, the president has been silent on who her deputy will be.
“Faced with challenges such as a record shortage of judges, unprecedented caseloads, and budget cuts, the judiciary needs strong leadership at the top,” it said.
Judges Matter explained that the DCJ plays a crucial role in supporting the chief justice in fulfilling her significant responsibilities as head of the judiciary.
“The DCJ’s primary role is that of a Justice of the Constitutional Court.
In addition to carrying their full load of hearings and judgments, the DCJ also presides over hearings in the CJ’s absence. The DCJ also chairs several committees which are essential to the apex court’s functioning,” Judges Matter explained.
It stressed that it is particularly urgent to have a permanent DCJ at this time of great transition in the judiciary.
“CJ Maya is taking the initial steps to implement her decade-long vision for the judiciary. The new DCJ must be able to hit the ground running and partner with Maya and her team, while also engaging crucial stakeholders,” it said.
