Professor Lesiba Teffo prefers to differ from other political analysts and prefers sailing against the wind than being a sycofan towards politicians. Last week, the professor raised a pertinent issue about the demographic makeup of our judiciary, in particular the crucial position of the chief justice. Of course, he didn’t address what other political scientists were discussing at the time, which is that it’s time to appoint a female chief justice. Filling the vacant Chief Justice position was hotly debated this time around, unlike in the past when the trial was peaceful, such as when Mogoeng Mogoeng was appointed amid…
Professor Lesiba Teffo prefers to differ from other political analysts and prefers sailing against the wind than being a sycofan towards politicians.
Last week, the professor raised a pertinent issue about the demographic makeup of our judiciary, in particular the crucial position of the chief justice. Of course, he didn’t address what other political scientists were discussing at the time, which is that it’s time to appoint a female chief justice.
Filling the vacant Chief Justice position was hotly debated this time around, unlike in the past when the trial passed peacefully, such as when Mogoeng Mogoeng was appointed amid claims he was a friend of then-President Jacob Zuma. He turned out to be no one’s friend, but a friend of justice to all.
That was in addition to his extrajudicial political views that some might disagree with. The Judicial Service Commission (JSC) decision to nominate alone President of the Supreme Court of Appeals Mandisa Maya Replacing Mogoeng was a political statement, as they should have given the president a few names to choose from.
It cannot be that other candidates were not strong enough in terms of qualifications and experience. Now, any nomination other than Maya would raise eyebrows with accompanying criticism of President Cyril Ramaphosa — first for preaching gender equality, but ignoring a chance to appoint the first female chief justice.
For example, if he were to appoint acting Chief Justice Raymond Zondo, his critics would unleash vicious attacks on him. But as president, he is allowed to exercise his discretion in making the nomination. The People’s Congress Dennis Bloem is the only politician to date to make a fuss about the JSC’s decision to give only Maya’s name to the president.
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But who is surprised after the drama by some of its members, who have a clear political agenda or who are sharpening an ax against the President, Zondo and Judge President Dunstan Mlambo? According to these politicians, the two judges were against Zuma, their hero.
The interviews were not some gritty whim, but an exercise in ridiculing individuals not favored by the JSC. But the question is, would you ignore Zondo even if his time has come to fill the position of Chief Justice after performing many of the Chief Justice’s duties as Deputy or Acting Chief Justice? Should incumbent judges not make themselves available to chair investigative committees in the future, as this would limit their opportunities at the highest level of the judiciary?
Should judges like Mlambo worry before passing judgment, even if the facts before them dictate what to do? Where does Teffo fit in here? He had no doubts about whether Maya or Zondo should get the mail. But he was concerned about the lack of white, colored and Indian candidates among the candidates for the position.
Teffo said these three groups — Indians, coloreds and whites — no longer bother to apply for certain leadership positions in the country because they are seen as the domain of black South Africans. He argues that this is not what the founders of this democracy fought for.
Instead, they wanted a post-apartheid SA of reconciliation, nation building and social cohesion.