Zuma's dozen: judge for yourself

Eight women‚ a tax lawyer once arrested for fraud and a former member of the Ruiterwag were among the 12 new judicial appointments made by President Jacob Zuma on Thursday.

There were few surprises as Zuma ratified almost all the recommendations made by the Judicial Service Commission (JSC) after interviewing candidates in October.

Eight of the appointees are women and four men‚ seemingly acknowledging the much-discussed slow pace of gender transformation in the judiciary. Of the 40 candidates shortlisted for the vacant positions‚ 14 were women.

Following the JSC’s decision not to recommend any of the five candidates interviewed for the position of KwaZulu-Natal Deputy Judge President‚ the position remains vacant.

Judge Zamani Nhlangulela‚ who indicated in his CV to the JSC that he had been employed as a factory worker and a supermarket stock manager in the past‚ was appointed as Deputy Judge President of the Eastern Cape High Court in Mthatha. Nhlangulela had been the lone candidate interviewed for the position.

But Judge David van Zyl‚ who was recommended by the JSC as Deputy Judge President of the Eastern Cape High Court in Bhisho‚ was not on the list of appointments. The JSC recommended the veteran judge over Judges Selby Mbenenge and Mandela Makaula. Presidential spokesman Bongani Majola did not immediately respond to a request for comment on whether the failure to appoint Van Zyl was an oversight or not. The JSC could not be reached for comment.

One judge vacancy also remains in the Eastern Cape High Court in Port Elizabeth‚ after the JSC failed to recommend any of the three candidates interviewed.

Advocate Celeste Reinders and attorney Nombulawo Martha Mbhele were appointed as judges to the Free State High Court in Bloemfontein. They were chosen over five other candidates to secure the JSC’s nod.

Reinders told the JSC during her interview that her appointment would send a message that if women professionals took time out from their careers to raise families they could still go on to success.

Zuma appointed the six candidates recommended by the JSC to positions on the Gauteng High Court bench‚ namely Labour Court Judge Annali Basson and tax specialist attorney Nelisa Mali for Pretoria and Advocate Raylene Keightley‚ gender rights attorney Lebogang Modiba‚ Magistrate Thifhelimbu Mudau and Advocate Willem van der Linde for Johannesburg.

Basson has been at the Labour Court since 2007. During her JSC interview‚ she had to deal with a comment from the Pretoria Bar that she had “not proven to be a progressive jurist“. She said she did not understand the comment as her commitment to constitutional values long predated the enactment of the Constitution.

Mali has a master’s degree in commercial law and spent the majority of her career working as a tax lawyer for the South African Revenue Service and as a specialist tax prosecutor. At the JSC‚ she was praised for specialising in tax law — a “road less travelled” for black woman lawyers — but had to refute the criticism her experience was limited to tax.

She disclosed that she was once arrested and charged for fraud‚ but that the charges were withdrawn for lack of evidence.

Keightley has distinguished herself as an academic‚ at the NPA’s asset forfeiture unit‚ as director of the University of the Witwatersrand-based Centre for Applied Legal Studies and as an advocate. She has done stints as acting judge since 2013.

Modiba’s interview with the JSC ended with Deputy Chief Justice Dikgang Moseneke remarking that he would save his green Constitutional Court robe for her. “Very well done‚ young lady‚” he said.

She described her impoverished childhood in Alexandra township and losing her mother at a young age. The cold winters and her phobia of rats meant she used to escape to the library‚ said the Harvard graduate.

Modiba has authored eight books on aspects of the law‚ including domestic violence and women’s rights‚ and has worked for the Women’s Legal Centre and the Tshwaranang Legal Advocacy Centre.

Mudau‚ in his JSC interview‚ had to deal with criticism that he had dealt badly court matters‚ wrongly deciding that urgent matters were not urgent. He said the comment was “unfortunate” and untrue.

Van der Linde‚ who said that he recognised his upbringing was privileged‚ was grilled about his 14-year membership of Afrikaner youth organisation Ruiterwag‚ known as the youth wing of the Broederbond.

He said the Ruiterwag portrayed itself as an Afrikaner “think-tank“‚ which — as a student — he thought was “cool“. But he conceded “quite readily” that it took too long for him to “absorb” that the organisation was “only white‚ only male and secret“. The Ruiterwag was “indefensible“‚ he said.

Mpho Catherine Mamosebo‚ who was a magistrate in Pretoria and Atteridgevillle‚ has been appointed as judge of the Northern Cape High Court.

Advocate Connie Prinsloo and Commission for Conciliation‚ Mediation and Arbitration commissioner Edwin Tlhotlhalemaje were appointed as Labour Court judges. They had been the only two candidates interviewed for the positions.

Prinsloo told the JSC that she had wanted to be a judge all her life and Tlhotlhalemaje said workplace justice had been his “passion” and his “joy” all his life.

The newly appointed judges assume their positions on January 1.