‘KZN judge president needs to deliver quick and effective justice’

07 October 2022 - 17:45 By TANIA BROUGHTON
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Judge Esther Steyn was the third candidate to be interviewed for the position of judge president in KwaZulu-Natal
Judge Esther Steyn was the third candidate to be interviewed for the position of judge president in KwaZulu-Natal
Image: 123RF/Lukas Gojda

Latest statistics show KwaZulu-Natal justices had 19 delayed judgments for more than six months. Some date back to 2012.

Judge Esther Steyn produced these statistics during her interview for judge president of the division before the Judicial Service Commission (JSC) on Friday.

She said a further 25 judgments were delayed for between three and six months.

“This has a direct impact on the confidence the public has in the judiciary. It's not an insurmountable challenge. It requires strong leadership and the norms and standards set down by the Office of the Chief Justice need to be enforced,” she said.

“That’s not to storm in and reprimand a colleague and report them. You need to analyse the situation. It shows a lack of compassion to the greater public and disrespect to the litigants. We are here to do a job.”

Steyn’s interview was the last of three on Friday.

The other contenders are acting judge president Isaac Madondo and relatively junior judge Thoba Poyo-Dlwati who was appointed by Madondo this year as his acting deputy, ahead of senior judges.

Steyn, a former prosecutor, magistrate and University of Cape Town (UCT) lecturer, was appointed a judge in 2009.

She has served on the Jali Commission and was chair of the National Council of Correctional Services (NCCS).

She raised delayed judgments as part of her “vision” for the division and said “a good leader” would take a judge out of court for a day or two to deal with a complex case. This would ensure “judgments get delivered sooner rather than later”.

Steyn said the primary focus for whoever was appointed would be to “reunite the division” and for judges to work as a team to enhance efficiency and deliver justice timeously to serve the public.

She bemoaned that there had not been a single meeting of judges this year. 

It was also important to have a pool of competent and capable acting judges, which could be achieved through consultation with legal and professional associations.

Regarding her lack of leadership experience, Steyn said she had regularly acted as the senior civil judge which was, in effect, stepping into the shoes of the judge president and the deputy judge president.

Judge Sidwell Mngadi, who was appointed by Madondo to represent the division at the interviews, took umbrage with some of the issues she raised, apparently viewing them as an attack on the acting judge president.

He was cautioned by acting chief justice Mandisa Maya for challenging the veracity of what Steyn said without asking actual questions.

Steyn said when she presented her vision it was not intended to be a “complaint session".

“I want to categorically state that I am not here today to criticise any of my colleagues. It would go against the harmonious work spirit we need.”

She said she had previously assisted Madondo to prepare for a JSC interview by doing a “mock interview” in his chambers.

Judge Poyo and I are good friends. We were on the same plane yesterday. We took selfies when we landed.”

Asked her opinion on transformation, she said it was not a “tick-box exercise”.

However, she conceded that she could not speak isiZulu “other than to communicate with my registrar’s four-year old child”, but had started a course.

“Every time I am invited to functions my friend has to translate for me. I want to hear what is being said first-hand. It is a work in progress.”

The JSC will announce its recommendation for the position on Friday.

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