Top judge jobs: 'Still too few women to choose from'

Democracy watchdogs have welcomed the number of women shortlisted for vacant judicial positions but there is worry about the lack of women candidates for the top jobs.

There are 14 women and 26 men on the shortlist of candidates that the Judicial Service Commission (JSC) released last week. There are 17 vacancies to fill in the Gauteng‚ Eastern Cape‚ Free State‚ Northern Cape and KwaZulu-Natal divisions of the high court and the Labour Court. Interviews will be held early next month in Cape Town.

Three of the vacancies are for deputy judges president — two in the Eastern Cape in Bhisho and Mthatha and one in KwaZulu-Natal.

For these positions‚ Judge Kate Pillay‚ up for the KwaZulu-Natal job‚ is the only woman among nine candidates.

Tabeth Masengu‚ research officer at the University of Cape Town’s Democratic Governance and Rights Unit said she was concerned that only one woman was shortlisted for the three leadership positions.

“I was hopeful that we would see more women shortlisted. But at least they are there. That is something to look forward to‚” Masengu said.

Alison Tilley‚ head of advocacy and special projects at the Open Democracy Advice Centre‚ said the number of women shortlisted overall is encouraging but she hoped that the interviews will give them the chance to show their mettle.

“The question is [whether the JSC is] going to focus on difficult‚ substantive questions. The questions they usually ask [candidates] are easy‚” Tilley said.

She also expected questions that would test the candidates’ knowledge of the Constitution.

In July‚ the JSC interviewed only women for the vacancy on the Constitutional Court bench. All four candidates were recommended to President Jacob Zuma‚ who is yet to announce who he will appoint.

Two of the women shortlisted to become judges in the Free State hold positions in organisations promoting women in the legal field.

Welkom attorney Martha Mbhele is the chairperson of the Law Society of South Africa’s Gender Committee and Shanaaz Mia is the vice-president for programmes of the South African chapter of the International Association of Women Judges.

About two in five of all the shortlisted candidates are white.

One of them‚ Grahamstown advocate Richard Brooks‚ faced hard questions about race when he was interviewed for a position as judge in the Eastern Cape in April this year.

Having been unsuccessful‚ he is now one of three people shortlisted for the position of judge in Port Elizabeth.

In April‚ Chief Justice Mogoeng Mogoeng questioned why Brooks handed in a testimonial by the bishop of Grahamstown which indicated that Brooks was “not racist”.

Brooks replied that Bishop Ebenezer Ntlali was perhaps conscious of the fact that Brooks is a white candidate at a time when there is a need for transformation.

Brooks is up against Port Elizabeth advocate Lilla Crouse and Bhisho-based advocate Mkuseli Ndzondo.

Judge Selby Mbenenge‚ who was appointed as Eastern Cape judge in Bhisho earlier this year‚ is one of the three candidates for the deputy judge president position in Bhisho.

East London attorney Lusapo Maseti‚ who withdrew for personal reasons after being shortlisted for an Eastern Cape judge vacancy in April this year‚ is now one of the 12 candidates for the six vacancies on the Gauteng bench.

Vying with Pillay to be second-in-command in KwaZulu-Natal are‚ among others‚ Judge Shyam Gyanda‚ who acted as the province’s top judge after the early retirement of Judge President Chiman Patel‚ and Judge Isaac Madondo‚ who was interviewed unsuccessfully for the province’s judge president position in 2011 and deputy judge president in 2012.

In 2011‚ Madondo told the JSC that he did not believe an Indian candidate should be appointed judge president because they were not oppressed “in the same way” as black Africans.

Notable cases of candidates:

- Last month‚ as acting judge‚ advocate Raylene May Keightley‚ who is a candidate for the Gauteng bench‚ heard the application of former Apartheid-era hitman Ferdi Barnard to be released on parole.

- Judge Kate Pillay‚ a candidate for the KwaZulu-Natal Deputy Judge President‚ presided over the case of Swaziland national Sandile May‚ whose truck ploughed into six vehicles at a busy Pinetown intersection in 2013‚ killing 24 people. May pleaded guilty to among others charges of culpable homicide‚ fraud‚ operating a vehicle without a valid driving permit and Pillay sentenced him to eight years and 10 months in prison.

 - Judge Gregory Kruger‚ shortlisted for the same position‚ was one of two judges who dismissed former Judge Nkola Motata’s appeal against his conviction and sentence for drunk driving after he crashed his Jaguar through the wall of a house in 2007.

- Judge Selby Mbenenge‚ a candidate for Deputy Judge President in Bhisho‚ chaired the National Prosecuting Authority’s disciplinary hearing of former prosecutor Glynnis Breytenbach‚ where he exonerated her of all 15 charges brought against her. As an advocate‚ Mbenenge also represented Constitutional Court Justices Bess Nkabinde and Chris Jafta at the judicial conduct tribunal that was set up to investigate gross misconduct allegations against Western Cape Judge President John Hlophe.

 - Judge Zamani Nhlangulela‚ shortlisted for the vacancy of Deputy Judge President in Mthatha‚ heard the application by Winnie Madikizela-Mandela to stop a Mandela family meeting that was to be held in Qunu in January this year.