The Judicial Service Commission (JSC) on Wednesday recommended that Supreme Court of Appeal (SCA) judge Dumisani Zondi be appointed chairperson of the Electoral Court, a crucial judicial leadership post with national elections coming up in 2024.

The court can review election-related decisions taken by the Electoral Commission. Reviews must be undertaken urgently in terms of the Electoral Commission Act. With independent candidates now due to be allowed to run for election for the first time after a judgment of the Constitutional Court, it is expected that there will be new and possibly tricky areas of dispute that will require adjudication.

The JSC’s decision came after more than 40 minutes' deliberation behind closed doors.

There were two candidates in the running and SCA justice Baratang Mocumie would have been the only woman to head a court had she been appointed. But she has never been a judge of the Electoral Court, while Zondi has more experience as he has been acting as Electoral Court chair since August.

Zondi said the court has gained renown across Africa and internationally. When there were disputes, like in Kenya, members of the court had been invited to assist. It was important to maintain that respect.

Asked by deputy chief justice Mandisa Maya about his vision for the court, Zondi said he would like to see it increased from five to 10 judges who could sit in two panels. The workload of the court is likely to increase in the 2024 elections with legislative amendments allowing independent candidates to run for election.

“That would be able to deal effectively with the amount of work which we expect to come in 2024.”

The court has no white, Indian or coloured members and there needs to be more representation as mandated by the constitution. The court has five judges, two of whom are not drawn from the judiciary. Zondi said he would also scrap this and have all members of the court drawn from the judiciary.

Towards the end of Zondi’s interview Maya said there was a “crisis” in the judiciary in that there were no women heads of court.

Previously, Maya headed the SCA as its president, but she is now deputy chief justice. Former North West High Court judge president Monica Leeuw has retired.

Maya said Zondi is “a giant in your own right”, but asked what he would do if he was in the position of the JSC. He responded the JSC should consider his experience, the vision he had spelt out and “where I want to take the court”.

“By the time judge Mocumie comes in a solid foundation will have been created. She will be able to take the court to the next level,” he said.

Judge Mpho Mamosebo was interviewed for an ordinary judge post on the Electoral Court, but the JSC decided to leave the post vacant.

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