New court needed in Klerksdorp to deal with gangs and zama zama activity, JSC hears

North West judge president Ronald Hendricks has proposed a new high court, a local division with additional judges, in Klerksdorp to deal with the additional workload in the area, the Judicial Service Commission (JSC) heard on Monday. 

This emerged in an answer to a question about the area being “infested with gangsterism and, lately, zama zamas”.

The proposal was revealed by judge Tebogo Djaje in her interview for deputy judge president of the North West High Court. The only candidate for the position, she got the nod after a fairly smooth interview.

I don’t preside over matters with fear, commissioner. I hold the oath of office dear and close to my heart

—  Judge Tebogo Djaje

Djaje was asked by MP Thamsanqa Dodovu whether she did not think the area of Klerksdorp and Potchefstroom required its own full-time court given the amount of crime in the area.

“I agree with you,” said Djaje. “Klerksdorp is a very busy place as far as criminal and civil cases are concerned.”

She said the judge president had on September 25 completed a report on the rationalisation of the courts in the province and proposed a local division. In the meantime, there was a circuit court in the area.

Djaje was nominated by all her colleagues in the North West division, who gave her what deputy chief justice Mandisa Maya called a “glowing reference”.

In their nomination letter, judges Samkelo Gura, Andre Petersen and Frances Snyman praised Djaje’s dedication, diligence, integrity and even her “great sense of humour”.

Responding to Maya, Djaje said: “We’re a family in that division, DCJ.”

Asked by a member of the National Council of Provinces, Kenneth Mmoiemang, about whether she had been deferential to the executive in a case between Peermont and the North West Gambling Board, she responded that courts dealt with matters on the facts that came before them — “and decide on what we see”.

In that case, she could not find any reason to see that the board was wrong, she said.

“I don’t preside over matters with fear, commissioner. I hold the oath of office dear and close to my heart and whenever a decision of the executive is found to be not proper, I will definitely deal with that aspect properly.”

Maya said when Djaje’s judgment came to the Supreme Court of Appeal (SCA), the court “confirmed your thinking and conclusion resoundingly”.

Djaje said the SCA’s judgment, from five senior appeal court judges, was a “boost of confidence”.

The JSC also decided to leave a post for an ordinary judge in the North West division vacant, despite interviewing three candidates.