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Warm welcome for South Africa’s first female Chief Justice


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Warm welcome for South Africa’s first female Chief Justice

Incoming Chief Justice Mandisa Maya
Incoming Chief Justice Mandisa Maya

26th July 2024

By: Sashnee Moodley
Senior Deputy Editor Polity and Multimedia

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Following President Cyril Ramaphosa’s announcement that he had decided to name Mandisa Maya as the country’s new Chief Justice, from September 1, there has been an overwhelmingly positive reception to her appointment, particularly as she is set to become the first female Chief Justice in South Africa.

Raymond Zondo will step down as Chief Justice when his term expires on August 31, and after consultation with the Judicial Service Commission (JSC) and political parties, Ramaphosa decided Deputy Chief Justice Maya would be suitable to lead the judiciary.

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“The Commission subsequently assured the President of Justice Maya’s suitability to lead the judiciary in the country based on the interview, Justice Maya’s qualifications and judicial record, her leadership qualities, her experience as a judge in various courts, her past leadership of the Supreme Court of Appeal and her role as Deputy Chief Justice in the period leading to her nomination by the President,” the Presidency said.

The African National Congress (ANC) expressed its support for Maya and pointed to her qualifications and judicial record in being able to lead South Africa’s judiciary.

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“Justice Maya exemplifies the belief that access should hold both jurisprudential and practical significance, her principles are built on a dedication to serving the people. Justice Maya will be the first woman in South Africa to be appointed Chief Justice, affirming the ANC’s commitment to gender equality and advancing women’s leadership across all sectors and societal leadership structures,” the party said.

ActionSA said Maya’s appointment was historic and a landmark moment for South Africa’s judicial system and the country’s commitment to gender equality and women empowerment.

“Justice Mandisa Maya's appointment represents a breakthrough in the traditionally male-dominated judiciary, serving as a beacon of progress and inspiration to women across South Africa. Her exemplary career, marked by dedication, integrity, and an unwavering commitment to justice, sets a powerful example for aspiring female legal professionals. ActionSA believes that her presence on the bench will contribute significantly to a more balanced and representative judiciary, enhancing the perspectives and insights that shape our legal landscape,” the party said.

It added that her appointment was in accordance with ActionSA values such as the advancement of women in leadership roles, as well as diversity.

It also pointed to Maya’s track record and past judgments which it believed would ensure that the rights of all South Africans were protected.

“We look forward to working with Justice Maya on the JSC to ensure we find and appoint the best possible jurists to the bench to ensure that our judiciary upholds the Constitution and all its provisions and maintains its integrity by eschewing any political overreach,” the party said.

Parliament's Portfolio Committee on Justice and Constitutional Development chairperson Xola Nqola also applauded Maya's "milestone" appointment for the advancement of gender equality and the emancipation of women.

"She follows in the footsteps of great legal minds as she becomes the seventh Chief Justice in the democratic South Africa. The committee wishes her well on her appointment and knows she will make the country proud," said Nqola.

The Democratic Alliance also congratulated Maya on her appointment and wished her well in her role.

"As a party whose key principle is the rule of law, we wish her well as she takes up this vigorous task. While we look forward to Justice Maya’s appointment, we also extend our deepest thanks to Justice Raymond Zondo, who will be stepping down as Chief Justice. His contributions to upholding the Constitution and the Rule of Law will not be forgotten," it said.

The Economic Freedom Fighters (EFF) described Maya as a beacon of justice and an advocate for the marginalised. It noted that it had consistently supported her candidacy for Chief Justice.

The EFF said Maya has been a stalwart in the judiciary noting her achievements and her committent to gender equality.

The EFF had no positive parting words for outgoing Chief Justice Zondo, and urged him to take "a long leave of absence" so that Maya could assume the duties.

"Zondo has has blatantly defined himself as a politician and will leave the highest office of the judiciary having brought it into disrepute - that is his legacy! Salute to Chief Justice Mandisa Maya. We look forward to a judiciary that will fearlessly defend the rights of our people and uphold the values enshrined in our Constitution," the party said.

The Motor Industry Staff Association (Misa) also gave its approval for Maya's appointment, noting that she was the only candidate recommended for this position by the JSC.

It noted her achievements over the years and her interview with the JSC in which she identified the increased caseload, poor infrastructure and safety concerns for judges.

“There is no one more deserving of this honour. Judge Maya worked hard throughout her career. Her dedication and fair, but firm, approach is needed to steer the Constitutional Court which has been battling with an overburdened court roll and a backlog of cases,” said Misa CEO: operations Marté Keyter.

The Law Society of South Africa said Maya's appointment as Chief Justice highlights South Africa's progress and the meaningful transformation of the judiciary and it echoed the DA's statement that her leadership would uphold the rule of law in the country.

"Her willingness to serve our country with integrity and dedication is deeply appreciated. We extend our sincere gratitude to Chief Justice Mandisa Maya and wish her every success in her new role. Her appointment is an inspiration to all, symbolising a significant step forward in the transformation of our judiciary and the continued pursuit of justice for all South Africans," said Law Society of South Africa president Joanne Anthony-Gooden.

The South African Communist Party also extended its approval of Maya's appointment, highlighting the milestone of her being the first female Chief Justice.

However, it expressed concern of class discrimination and exclusion from legal services based on income or class and urged the judiciary to address the challenge.

"As the new head of the judiciary, Justice Maya assumes the responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts, as per the Constitution. In line with this responsibility, she has the duty to ensure access to justice for all South Africans, and, in that regard, cognisant of the practical hurdles which prevent the majority of our people – the working class and poor, the most affected being women – from accessing the courts and justice," the SACP said.

 

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