‘It’s not just because she’s a woman’ — Here’s why ATM is backing Mandisa Maya for chief justice

President Cyril Ramaphosa should follow the recommendation of the Judicial Service Commission (JSC) panel and appoint president of the Supreme Court of Appeal justice Mandisa Maya as chief justice.

That is according to African Transformation Movement (ATM) spokesperson Sibusiso Mncwabe, who on Monday sang Maya's praises after her interview by the JSC panel last week.

Mncwabe said Maya had a solid track record and wealth of experience.

Maya was interviewed for the position, along with acting chief justice Raymond Zondo, Constitutional Court justice Mbuyiseli Madlanga and Gauteng judge president Dunstan Mlambo. 

The JSC on Saturday recommended Ramaphosa appoint Maya as the next chief justice. If appointed, she will become the first woman to occupy the position. 

Solid track record and experience

Speaking to TimesLIVE, Mncwabe said appointing Maya would not be “a favour”.

“It is not a favour. No-one is doing her a favour. She qualifies educationally and experience-wise,” said Mncwabe. 

He said Maya's championing of indigenous languages to ensure access to the judicial system made her stand out from the rest of the candidates vying for the position. 

During her interview, Maya said she had penned hundreds of judgments including SA’s first written in English and isiXhosa.

“Another quality Maya had those other candidates did not was the promotion of indigenous languages within the judicial system. The judgment she wrote in isiXhosa is the only one we have in a Nguni language in the judiciary. 

“Some time back, we raised concerns as a nation on the use of languages in courts, especially in rural courts ... Having someone take this much diligence to translate a judgment into a language of the majority of people in that particular area goes a long way,” said Mncwabe. 

Flawless interview

Mncwabe said Maya’s interview, unlike those of her competitors, was clear and not marred by controversy.

Mlambo’s interview was tainted by questions about an alleged sexual harassment rumour which he denied and claimed was brought up to sabotage his candidacy. 

The chair of the panel, Judge Xola Petse, later ruled that all references to the rumour be expunged from the record. 

He was also grilled about some of his rulings which have been perceived by some as favourable to President Cyril Ramaphosa’s administration, which he also denied. 

Zondo also denied that he is pro-Ramaphosa. 

“Even if you put aside the allegations of sexual harassment against justice Mlambo, there were other issues of conflicting judgments of the CR17 campaign and the powers of the public protector. With Zondo, there were conflicting statements about whether he knows former President Jacob Zuma. All those things keep the public talking,” said Mncwabe. 

Maya could serve a full term

The constitution states that Constitutional Court judges hold office for a nonrenewable term of 12 years, or until they turn 70, whichever occurs first.

If appointed chief justice, 57-year-old Maya could serve the full 12-year term.

Mncwabe said this is among the factors Ramaphosa needs to consider. 

“If Maya is appointed, there would be continuity and institutional memory in the Constitutional Court up until her term is finished in 12 years,” he said. 

SA is ready for a female chief justice

Mncwabe said though Ramaphosa is not bound by the recommendations of the JSC and has the final say on who becomes the next chief justice, appointing Maya would also demonstrate SA’s seriousness about women empowerment.

“If President Ramaphosa is serious about the empowerment of women in the country, this is the best opportunity. He has been presented the golden opportunity to show the world that SA is ready and practically empowering women,” said Mncwabe.