Not being from ConCourt a huge advantage for chief justice post: Maya

Supreme Court of Appeal (SCA) president Mandisa Maya says it is a huge advantage that she is not from the ranks of the Constitutional Court if she were to be appointed chief justice.

Maya was being interviewed for the post of chief justice on Wednesday.

Maya is the second of four candidates to be interviewed. Constitutional Court justice Mbuyiseli Madlanga was the first, on Tuesday.

The Judicial Service Commission will interview Gauteng judge president Dunstan Mlambo on Thursday and acting chief justice Raymond Zondo on Friday.

“What others describe as coming from the cold I see as bringing fresh perspectives and a wealth of experience from my time in the high court, my long years at the Supreme Court of Appeal and almost seven years in leadership, which has accorded me access to the other rungs of the judiciary and given me a holistic view of the judiciary and its challenges,” Maya said.

There was a long-standing lack of synergy between the Constitutional Court and the rest of the judiciary. There was also a lack of synergy between the higher courts and magistrate's and other courts, she said.

SA needed a chief justice who is sensitive to these gaps and has the ability to bring cohesion and unity to the judiciary so that all courts can feed off and strengthen one another.

She dismissed comments that it would not be a good idea to move her from the SCA as this would destabilise that court.

“I and many colleagues find it most patronising and even patriarchal. It implies I lead a bunch of incompetents who would fall in a helpless heap if I leave the SCA. The SCA is staffed with strong, capable judges — black and white.”

She dismissed the idea that one cannot have both the administrative skill and intellectual capacity.

“They are not mutually exclusive skills. I am proof of that.”

During her tenure as SCA president, almost all deans of law faculties had nominated her for chief justice despite a demanding schedule of juggling administrative duties and her core function in court.

“I have managed to hand down upward of 200 reported judgments on a wide range of [subjects]."

Maya dismissed the concern that if appointed chief justice she would come to the Constitutional Court from outside and this might cause discord and resentment from other justices.

She said she enjoyed good relationships with the justices based on mutual respect. She had worked with other judges of that court, including two candidates for the chief justice position, Madlanga and Zondo.

“I say this without fear of contradiction that [acting chief justice] Zondo and the rest of the Constitutional Court justices respect me and would support my leadership. I have no doubt about that.”

The interview continues.

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