Historic appointment of first woman chief justice lauded

Incoming Chief Justice Mandisa Maya.

Incoming Chief Justice Mandisa Maya.

Published Jul 28, 2024

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Durban — The first woman to be appointed as South Africa’s chief justice has been described as a brilliant legal mind and a trailblazer who was suitable to lead the judiciary in the country.

Justice Mandisa Maya was appointed by President Cyril Ramaphosa this week and will take up the highest office in the judiciary on September 1.

The chief justice of South Africa is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts.

In February, Ramaphosa informed the Judicial Service Commission of his intention to appoint Justice Maya as the chief justice upon the expiry of the term of office of Chief Justice Raymond Zondo at the end of August.

The Presidency said Ramaphosa was assured by the Judicial Service Commission that Justice Maya was suitable to lead the judiciary based on the interview, her qualifications and judicial record, her leadership qualities, her experience as a judge in various courts, her past leadership of the Supreme Court of Appeal and her role as deputy chief justice (DCJ) in the period leading to her nomination by the president.

Maya practised as an advocate until her elevation to the Bench in 1999. She sat in various divisions of the High Court and Labour Court before advancing to the Appellate Court and has acted as a judge in the Constitutional Court of South Africa, the Supreme Court of Namibia and the Appeal Court of Lesotho. She became the deputy president of the Supreme Court of Appeal in 2015 and its president in 2017, the first woman to hold the position.

Among her many achievements, she is also the current vice-president of the International Association of Women Judges.

The Ministry of Justice, in a statement, said Justice Maya had distinguished herself as a brilliant legal mind and a trailblazer and that her judicial record and leadership qualities made her ideally suited for the position of chief justice.

Justice Minister Thembi Simelane said Justice Maya brought profound experience and legal brilliance spanning many decades in the legal profession.

“We are reminded of the words of DCJ Maya, as she then was, to the Judicial Service Commission in 2022, when she said that South Africa has always been ready to have a female chief justice, as we have always had strong, capable women in the Constitutional Court.

“This appointment signifies the deeper appreciation of how far we have come as a nation and how much our courts have transformed, both in terms of race and gender. It signifies the transformation agenda of what was previously a male-dominated judiciary,” said Simelane.

She said women’s representation in the judiciary was key to ensuring that courts represented the people, addressing their concerns and were seen as inclusive.

The Commission for Gender Equality (CGE) congratulated Justice Maya on her appointment, adding that the historic appointment as the first woman in this position would serve as an inspiration that gender equality and equity could be achieved through a concerted effort.

“The CGE believes that Justice Maya has over the years displayed strong leadership qualities since she became a member of the Bench, and this will serve as a catalyst for her to do exceptionally well. Justice Maya’s appointment will go a long way in ensuring that more women are considered for senior positions in the judiciary,” the CGE said in a statement.

Glynnis Breytenbach, the DA's spokesperson on justice and constitutional development, said Justice Maya brought a wealth of experience to the role of chief justice and had made a significant contribution to the development of South Africa’s legal jurisprudence.

Athol Trollip, ActionSA’s parliamentary caucus leader, said: “This milestone is not only a significant personal achievement for Justice Maya but also a landmark moment for our judicial system and our nation’s ongoing commitment to gender equality and the empowerment of women in all spheres of society.

“Justice Maya's appointment represents a breakthrough in the traditionally male-dominated judiciary, serving as a beacon of progress and inspiration to women across South Africa. Her exemplary career, marked by dedication, integrity, and an unwavering commitment to justice, sets a powerful example for aspiring female legal professionals. ActionSA believes that her presence on the Bench will contribute significantly to a more balanced and representative judiciary, enhancing the perspectives and insights that shape our legal landscape.”

Sunday Tribune