Don't kick out an experienced driver and put in a learner, Madondo tells JSC

KwaZulu-Natal acting judge president Isaac Madondo says he is “preparing” his competitors for the top job in the division to take over from him, “so why should they snatch it from my hand?”

During his interview with the Judicial Service Commission (JSC) on Friday, he repeatedly said it would be in the best interests of the division “to maintain stability” and for him to be given the job, even though he retires at the end of November next year.

Madondo's comments were aimed at judge Thoba Poyo-Dlwati — whom he has mentored and who he appointed as acting deputy judge president earlier this year over the heads of more senior judges — and the more senior judge Esther Steyn.

He insisted he needed to “complete his transformation project” in the division and his appointment would result in a “smooth and seamless transition”. 

Madondo was appointed deputy judge president in 2016 and took over as acting judge president late last year when judge Achmat Jappie retired.

In April this year he was interviewed by the JSC for the leadership role. In spite of being the sole candidate, he was not recommended for appointment after issues were raised about what were perceived to be “homophobic comments” in a Christian book he self-published.

At the start of his interview on Friday, he said he had subsequently removed the offending chapter and, “in case I had any bias that I was not conscious of”, had attended a diversity course. This seemed to be largely accepted by the commissioners. 

During his three-hour interview he said he was an “ally” of women and that he had been the first acting judge president to appoint a female acting deputy judge president [Poyo-Dlwati].

“I am paving the way so that when I go, I will leave the division in able hands. That it is a woman is a bonus. It’s a solid succession plan.”

He said should he not get the job, he would become a “subordinate” and there was no guarantee that whoever got the job would heed his advice, as it might be seen as “sour grapes”.

“It would be like cutting off my legs and saying I must run ... I will not be able to transfer my skills. I want to be satisfied that the division is left in capable hands. I am not against them being appointed, I am busy preparing them for it ... I am helping them with a vision. Why do they have to snatch it from my hand?”

When it was pointed out that there was not a single permanent woman judge president in the country and that he was retiring soon, he said the JSC had to act in the best interests of the division.

He suggested that the JSC would be “cutting its throat to spite its face” by “kicking out an experienced driver and putting in a learner” and “taking the food out of the pot before time” by not recommending him for appointment.

“That person still has to learn the ropes ... has to earn respect.”

Commissioner Gratitude Magwanishe said his sense was that the succession plan was entirely centred on Madondo and not independent of him.

“What if God decides to have an appointment with you? Will we have a crisis [in the division] because everything revolves around you?” he asked.

Madondo responded: “I know I will not stay forever ... that’s why I have developed other people. I am saying I am doing a sterling job and I should be allowed to continue.”

Asked by deputy chief justice Mandisa Maya if he would support any of the other candidates if they were appointed to the position, he responded: “Yes”.

Poyo-Dlwati, 48, who was appointed a judge in 2014, will be interviewed after Madondo and followed by Steyn. 

Thereafter four candidates will be interviewed for two vacant seats in Pietermaritzburg.

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