Chief Justice candidate Madlanga says he wants to change ConCourt quorum

Johannesburg – Interviews for the position of the next Chief Justice of South Africa are now under way.

Four candidates have been nominated by President Cyril Ramaphosa to replace former Chief Justice Mogoeng Mogoeng who retired in October.

The four candidates are Constitutional Court Judge Mbuyiseli Madlanga, Supreme Court of Appeal President Mandisa Maya, Gauteng High Court Judge President Judge Dunstan Mlambo and Acting Chief Justice Raymond Zondo.

The Judicial Service Commission is interviewing all four this week, with Constitutional Court Judge Mbuyiseli Madlanga the first candidate to be interviewed.

Judge Madlanga has told the Judicial Service Commission of the changes he would like to make if appointed as Chief Justice, changes that he said would make the Constitutional Court more efficient and fair.

This includes approaching the Minister of Justice, Ronald Lamola, to initiate amending the Constitution to change the quorum for the apex court from eight to nine. Madlanga said that the even number has led to decisions being split down the line.

“Here’s the injustice. Once we are evenly tied, the effect is that the judgment appeal against stands, so it’s as good as if you’ve never appealed at all. So it must be clear to everybody listening here that that is an injustice,” explained Madlanga.

Judge Madlanga has also pledged to fight for gender equality and to conscientize judicial colleagues to “sexist, patriarchal and misogynistic” attitudes that women, often rape survivors, are subject to in court.

 

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