Asked by ANC MP and JSC member Soviet Lekganyane about the importance of mediation in a province that faces traditional leadership disputes, Ngobeni said alternative dispute resolution was essential in the restoration of justice.
“And costs are saved. If relationships between the villagers are restored, there won’t be any need for aggrieved villagers to take the matter to court and spend money on legal representatives. The matter will be resolved,” she said.
In 2012 she visited UC Hastings University in California, US, where she was inspired by seeing alternative dispute resolution (ADR) mediating court proceedings.
“When I came back, I spoke to the head of the court, the chief magistrate and the University of Limpopo. I made a proposal to them and fortunately they acceded to the proposal. I arranged for final-year students at the University of Limpopo who are studying ADR to get an opportunity to come to the Mankweng magistrate's court, while I was still there, and mediate in small claims court cases. I had to supervise the process,” she said.
While she has 23 years’ experience as a regional court magistrate and a magistrate, she possesses 14 weeks’ experience as an acting judge in the Limpopo High Court, gained periodically from August 2023 to August this year.
None of her judgments have gone for appeal, except in one matter where the facts of the case were misaligned. However, the matter was struck off the court roll as the facts of the case between the plaintiff and the defendant were disputed.
Magistrate who handed 98 judgments could be first female judge at Limpopo High Court
JSC continues with interviews to fill vacancies at superior courts
Image: X/@OCJ_RSA
With a track record of writing and delivering 98 judgments as a regional magistrate, Jane Ngobeni could be one of the first female judges at the Thohoyandou high court, which has not appointed a female judge in the past 45 years.
The Judicial Service Commission (JSC) interviews for vacancies in superior courts resumed on Wednesday with Ngobeni, who has experience as a magistrate and regional court magistrate, vying for the high court bench.
Judge president of the Limpopo High Court Moletje George Phatudi pointed out that the Thohoyandou high court was established in 1979 based on old separate development policies and was an independent court in the independent state of Venda.
“If appointed, you would be the first female judge in the court,” he said.
Asked by Limpopo premier Phophi Ramathuba how she plans to transform the court, Ngobeni said she had trained women aspiring to become regional magistrates during the Judicial Skills Programme in Polokwane earlier this year.
“I am very passionate about that. I am making that difference as a woman. This year I had Unisa students come to my court to observe what was happening in the courtroom. Most Unisa students don’t have the practical knowledge of what is happening in court due to distance learning. There were women who came and I mentored them with regard to court proceedings. In February and March this year, I was also involved in such a programme,” she told the JSC.
WATCH | Day 7 of Judicial Service Commission interviews
Asked by ANC MP and JSC member Soviet Lekganyane about the importance of mediation in a province that faces traditional leadership disputes, Ngobeni said alternative dispute resolution was essential in the restoration of justice.
“And costs are saved. If relationships between the villagers are restored, there won’t be any need for aggrieved villagers to take the matter to court and spend money on legal representatives. The matter will be resolved,” she said.
In 2012 she visited UC Hastings University in California, US, where she was inspired by seeing alternative dispute resolution (ADR) mediating court proceedings.
“When I came back, I spoke to the head of the court, the chief magistrate and the University of Limpopo. I made a proposal to them and fortunately they acceded to the proposal. I arranged for final-year students at the University of Limpopo who are studying ADR to get an opportunity to come to the Mankweng magistrate's court, while I was still there, and mediate in small claims court cases. I had to supervise the process,” she said.
While she has 23 years’ experience as a regional court magistrate and a magistrate, she possesses 14 weeks’ experience as an acting judge in the Limpopo High Court, gained periodically from August 2023 to August this year.
None of her judgments have gone for appeal, except in one matter where the facts of the case were misaligned. However, the matter was struck off the court roll as the facts of the case between the plaintiff and the defendant were disputed.
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Gauteng High Court judge president Dunstan Mlambo questioned her 14-week experience in the high court and her overall experience as she presided mostly in criminal cases.
“I want you to comment on the comment that your appointment will send a message that experience in high-court litigation is not necessary to be appointed to the high court,” Mlambo said.
Ngobeni said: “Am I unable to do the job in the high court? Surely not, and that is based on the judgments I have written. Even if my experience in the high court is not that much, given the job, I am able to deliver.”
Chief justice Mandisa Maya commended Ngobeni for delivering 98 judgments while she was regional court magistrate, which Ngobeni confirmed were all civil matters.
“That is quite commendable. It is highly unusual to hear that. Magistrates do not usually write judgments,” she said.
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