Madlanga taken to task over relunctance to endorse female CJ candidate

On Tuesday, Madlanga appeared before the JSC as the first candidate to be interviewed for the judiciary’s top job.

He faced rigorous questions about his fitness to be appointed as Chief Justice, taking over from controversial Mogoeng Mogoeng.

Madlanga made several commitments to revamping litigation processes, including accessibility and a need to roll out online services.

While eager to see the courts become adaptable, he admitted a paperless system might be prejudice to impoverished communities. 

During the 9-hour long interview, Madlanga also told the JSC he envisioned a judiciary that is more sensitive to gender issues. 

“The end point we should all strive for is to dismantle the patriarchal, sexist and misogynistic elects underlying our judgments. We can reach that end point if, in our judgment writing, we consciously embrace the truism that women are equal to men."

Madlanga added the judiciary must also make better considerations for the LGBTQI+ community to guard against prejudice.

“Maybe it is time the judiciary considered enquiring on what practioners or even litigants or witnesses preferred as a title or no title at all.”

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With gender equality and transformation featuring prominently in his vision, Madlanga was asked whether he thinks the country is ready for a woman to head up the judiciary.

He made favourable remarks about competitor Supreme Court of Appeals Judge Mandisa Maya who will appear before the JSC on Wednesday.

Madlanga gives a diplomatic answer but asks the commissioners to judge for themselves.

“She [Maya] is a worthy colleague, she is a worthy lawyer and now she is a leader at a significant level in the judiciary. I would be dishonest to this august body if I were to ever try to take anything away from what I’ve just tried to highlight about her. 

“That said, I would want to say let me leave the final decision on that issue with this august issue but clearly and categorically making the acknowledgement that I have made and that I do not at all make grudgingly about my colleague,” Madlanga added. 

While he conceded there is room for a female Chief Justice, some commissioners didn’t seem too impressed by Madlanga’s reluctance to endorse another candidate during his interview. 

JSC commissioner Julius Malema questioned Madlanga on his position.

Watch Malema’s comments below: