I am ready to be first female judge president, KZN hopeful tells JSC

KwaZulu-Natal judge Thoba Poyo-Dlwati wants to be judge president of the division.

She made this clear in her interview for the position with the Judicial Service Committee (JSC) on Friday — batting off suggestions of being too young and inexperienced as “undercurrents of patriarchy”.

“The only reason I am regarded as junior is because I am female and young. I am being discriminated against twice.

“I have been a judge for eight years. That is a long time,” she said, referring to other instances in which male judges in other divisions were appointed to court leadership positions after serving two years on the bench with “no questions asked”.

“So why is it now being asked of me?” she said.

Poyo-Dlwati, 48, has held many leadership positions, including president of the then KZN Law Society, and was the managing partner of a law firm before being appointed to the KZN bench.

She said after the commission failed to appoint judge Isaac Madondo as judge president in April this year — even though he was the only contender for the job — she had been approached to put her name forward for the job.

“I agreed ... and I do want the job. I am blessed with the ability to lead.

“I can say without fear of contradiction I have the support of the majority of judges in KZN. My age and warm personality will assist in bringing stability to our division.”

Poyo-Dlwati was appointed by Madondo, who remained as acting judge president after his failed interview, as his acting deputy in April this year over the heads of more senior judges.

Her decision to go for the top job this time round, in opposition to him, was seen by some in the legal fraternity as disloyal. But in her interview she indicated they still worked well together and would continue to do so, no matter the outcome of the interview process.

Outlining her vision for the division, she said she wanted to:

• reopen circuit courts, giving more access to justice;
• engage with colleagues regarding long-reserved judgments;
• improve on court hours;
• encourage mediation rather than litigation; and
• open a specialised family court and a second-motion court.

She also wanted to give judges more time to draft judgments.

“There is a pressing need for more judges,” she said.

At present, there are 30 posts, with 27 filled.

Comparing population statistics and judge quotas in other provinces, she said in Gauteng there was one judge for 180,000 people and in the Western Cape one for 218,000 people, but in KZN there was one for 366,000 people.

“Based on these statistics, we need 63 more judges, but we will take what we can get.”

Court space in Durban was a concern and the IT system needed a “serious revamp”, with no Wi-Fi in Durban and an unstable system in Pietermaritzburg.

“To ensure the smooth running of the division, everyone will be included through a revised system of committees.”

Poyo-Dlwati said she did not believe there were racial tensions in the division, though there was concern by some judges there was a move to “Africanise” the court and some senior judges felt excluded.

“Once we engage and talk openly, we will find each other. My colleagues are reasonable.”

Poyo-Dlwati said in her six months as deputy, she had “led by example”.

“I was visible. I allocated [court] work to myself and was available to my colleagues. I know the challenges they face.

“I will be inclusive ... I  will consult but I will make the decisions.”

The third candidate, judge Esther Steyn, is expected to be interviewed on Friday.

If Steyn or Poyo-Dlwati are appointed by President Cyril Ramaposa, they will become the first permanent woman judge president in the country.

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