You be the judge

If you think Zondo is a shoo-in, don’t place any bets just yet [View this email in your browser]( September 29, 2021 [Mail & Guardian]( [Mail & Guardian]( [Twitter]( [Facebook]( [Instagram]( [YouTube]( Hi there, At the Mail & Guardian we’ve been fairly critical of some of President Cyril Ramaphosa’s protocols during the pandemic, [especially when it comes to his one-sided “family meetings”](. Each time he’s beamed into our homes, there is no opportunity for pushback or debate; no chance for journalists to ask questions or engage. It’s a stretch to say the approach is undemocratic, but it certainly isn’t strengthening our democracy or empowering citizens in any fashion either. Credit must then go to Silili for pushing through an initiative that does. Two weeks ago, he made the unprecedented move of calling on the public to [nominate the next chief justice](. Chief Justice Mogoeng Mogoeng, you might recall, will vacate his post next month after serving for 12 years. Only Arthur Chaskalson holds the title of having served a longer term. Presumably this will free up Mogoeng’s schedule to fight demonic principalities contained in vaccines; make more [unsolicited utterances about Israel]( figure out who has bewitched us, [as he asked in a recent sermon]( and make up [with Judge Piet Koen](. Fear not though, for “I say it with all sense of humility, no man can stop me from doing what I want to do, only God can!” After more than a decade at the helm, it is quite something to just slip out on “long leave”. Retired public law professor Hugh Corder said there was nothing sinister about Mogoeng taking accumulated leave that he would otherwise forfeit but, given the three times he strayed into controversy over the past year, his effective early departure seemed “sensible and beneficial”. But we digress. Ramaphosa is now tasked with finding a replacement and he has asked us to submit nominations. This task should not be taken lightly. There is wide consensus in the legal fraternity that [a firm hand is needed at the Constitutional Court]( to shore up its administration and juristic coherence after a sometimes lacklustre period. The next chief justice will also inherit a judiciary that has come under sustained political attack and needs a firm defence of its independence. Mogoeng’s term ends on 11 October, and the presidency has set 1 October as the deadline for nominations. A panel — chaired by Judge Navi Pillay from the International Court of Justice — will decide how best to openly, transparently and expeditiously compile the shortlist. It includes Justice Minister Ronald Lamola; former public protector Thuli Madonsela; former justice minister Jeff Radebe; co-chair of the South African National Aids Council, Mmapaseka Steve Letsike; and Howard law professor Ziyad Motala. If you think Deputy Chief Justice Raymond Zondo is a shoo-in for the position, don’t place any bets just yet. Appointing him would see Ramaphosa revert to the natural line of succession at the Constitutional Court. But legal commentators have long thought it was unlikely to happen this time around. His work at the state capture inquiry — which has been granted another three-month extension — is seen as too exigent and politically fraught to allow Zondo to segue into the highest legal office after handing his final report to the president. As our friends at [Judges Matter]( argue, there is a strong list of female candidates who could fill the post. “The appointment of a woman as chief justice is a prospect that ought to be taken very seriously,” the site noted last October. “South Africa has never had a woman chief justice, and section 174(2) of the constitution specifically requires that ‘[t]he need for the judiciary to reflect broadly the racial and gender composition of South Africa’ has to be considered when judges are appointed.” There is, of course, no shortage of strong female candidates. Some of those highlighted by Judges Matter are: - Justice Mandisa Maya — the current president of the Supreme Court of Appeal, a role she has served in since 2017. - Justice Nonkosi Mhlantla — set to become the most experienced female judge in the Constitutional Court with the imminent retirement of Justice Sisi Khampepe. - Justice Leona Theron — considered a rising star of sorts throughout her career and a dark horse for the top gig. - Justice Mahube Molemela — another outside contender. This position perhaps might come too soon for her, but the legal fraternity is watching her rise with eagerness. Whoever Mogoeng’s successor is will occupy that office for the next 12 years. The chief justice needs to have an unwavering commitment to South Africa’s constitutional democracy and values, including social justice. The strength of the rule of law depends on certainty. And we have to be certain that whoever is in that seat is of the highest intellectual and moral calibre. Not only does the person have to lead the constitutional court, they are also in charge of the whole of the judicial branch of government. It is not a cake walk We have a responsibility to ourselves and each other to familiarise ourselves with the top candidates and the process. And we don’t have much time left either — nominations close the day after tomorrow. Until Friday, Kiri Rupiah & Luke Feltham [Subscribe now]( Enjoy The Ampersand? Share it with your friends [Share]( [Share]( [Tweet]( [Tweet]( [Forward]( [Forward]( [Share]( [Share]( Copyright © 2021 Mail & Guardian Media LTD, All rights reserved. You are receiving this email because you opted in to receive communications from the Mail & Guardian either at our website or by taking out a print subscription. Our mailing address is: Mail & Guardian Media LTD 25 Owl St BraamfonteinJohannesburg, Gauteng 2001 South Africa [Add us to your address book]( Want to change which mails you receive from Mail & Guardian? 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