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Judiciary blamed for few female judges

Chief Justice Mogeong Mogoeng. Picture Credit: Gallo Images
Chief Justice Mogeong Mogoeng. Picture Credit: Gallo Images

President Jacob Zuma, Chief Justice Mogoeng Mogoeng, the Judicial Services Commission (JSC) and Justice Minister Michael Masutha have been blamed by a chapter nine institution for the slow pace of gender transformation in the judiciary.

The Commission for Gender Equality (CGE) released its report of a four-year investigation into gender transformation in the judiciary yesterday.

Commissioner Pinkie Sobahle said each of the four - Zuma, the JSC, Mogoeng and Masutha - pointed fingers at others and did not take any blame for the state of the judiciary.

CGE chairman Mfanozelwe Shozi said all the respondents had been found wanting. "They must jack up and put plans in place. Gender equality must be at the centre of making judicial appointments," Shozi said.

Zuma's office referred the CGE to the JSC, Masutha and Mogoeng.

The JSC initially referred the CGE to Masutha's department, then headed by Jeff Radebe. The department, like the JSC, only responded in full after being handed the draft report.

The CGE report follows a four-year investigation following a complaint in October 2012 by the University of Cape Town's Democratic Governance and Rights Unit and Sonke Gender Justice.

At the time, the two entities complained that the judiciary failed to make progress on gender transformation and that between 2009 and 2012 the JSC interviewed 211 candidates for 110 positions but only 24 women were appointed.

As of April this year, there were only 86 female judges out of 242 permanent judicial officers of superior courts.

In his response to the commission, Masutha said in 2014/15 the value of briefs given to female advocates was R13.9-million compared to R515.3-million for their male counterparts.

Since October 2011, the JSC has recommended 119 candidates for appointment by Zuma but only 47 were women.

Head of the CGE's legal department Marissa van Niekerk said it was discouraging that out of 1661 magistrates in South Africa only 687 were women, but admitted that the magistracy was transforming at a far more escalated rate than the appointment of judges.

The Black Lawyers Association (BLA) disregarded the commission and failed to respond to its questionnaire.

Commissioner Fundisile Nzimande said female BLA members should quiz their organisation on its failure to respond.

sidimbal@sowetan.co.za

 

 

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