Maya outlines problems to deal with as SA’s next chief justice

Judge lays bare challenges she and judiciary colleagues face

Jeanette Chabalala Senior Reporter
Deputy chief justice Mandisa Maya at the Judicial Service Commission interviews for the position of chief justice.
Deputy chief justice Mandisa Maya at the Judicial Service Commission interviews for the position of chief justice.
Image: Veli Nhlapo

A burdened judiciary system, increased caseload, poor infrastructure and safety concerns for judges.

These are some of the challenges that Deputy Chief Justice Mandisa Maya pointed out on Tuesday when she was interviewed by the Judicial Service Commission (JSC) for the position of the country's next chief justice. The JSC is a body specially constituted to recommend persons for appointment to SA's judiciary.

In April President Cyril Ramaphosa nominated her for the position which will become vacant on August 31 when Justice Raymond Zondo's term ends. Last night the JSC resolved to advised Ramaphosa that Maya is suitable for the appointment. 

Maya said the Constitutional Court, which is the highest court in the land, was extremely busy with an increase workload. "I have not worked as hard in my entire life than I have in the last 20 months," she said.  

"A part of the reason why we hardly have time to breathe has a lot to do with the manner in which we work. I do believe there are a few things we could tweak to streamline our operations and give ourselves more time to breath. So that is the kind of court I found, very hardworking," she said.

She said while work was exhilarating the volume was "too huge".

Maya said the court received no less than 400 new applications for leave to appeal applications in a year, but they don't set down more than 40 matters for hearing and were compared with the Supreme Court of Appeal (SCA).

"Our word is the last in all the matters we determine, so we prepare and pay particular attention to every matter that comes before us before we issue a decision," she said.

She added that sometimes one could feel overwhelmed, especially in a leadership position, as there were other administrative things to take care of.

She said her key focus would also be to attain the full independence of the SCA .

" ... that court must be adequately capacitated to be able to perform optimally and deliver justice expeditiously."

She said these measures would allow the apex court to have, in addition, panels of experienced judges and experienced senior lawyers who assist with the sifting of matters placed before the justices.  

Maya also told the panel that she would advocate for the appointment of more judges in the court so that the work is spread out. She suggested that its justices work in panels of three or five - instead of all of them having to decide every case, as they do now.

Maya said the caseload had increased and litigation had exploded, and amid these challenges, the number of judges remained unchanged. 

She said more judges should be appointed to the court which currently has a maximum of 11 judges. She said the court can accommodate 15 judges.

"...the number of people who were dealing with much smaller cases before must manage with impossible caseloads. Judges are struggling tremendously to get all work done at the risk of their health and wellbeing and I dare say... when they are not even paid properly for their effort. As a result of the budget cut, it is no longer possible to appoint acting judges to assist with the backlog," she said.

Another challenge was that of poorly maintained infrastructure that she said was falling apart in all the courts including the apex court which had a leaking roof and other broken security features which could compromise the security of the court.

"Our courts are not safe. JP [judge president Dunstan Mlambo] has been a victim of crime in the presence of his own court and there are many, many such stories of judicial officers who have been attacked in the courts of law where one is supposed to be safe," she said.

However, should she be appointed as SA's next chief justice, she would bear the responsibility of ensuring that the judiciary remains strong.

She would also ensure that the judiciary retains its integrity and executes its role of protecting and promoting the Constitution.

She said she would do this to ensure that the country, especially the poor and most vulnerable members of society, are guaranteed access to justice.

Maya said the chief justice position required someone who will inspire stability and cohesion within the judiciary itself and inspire public confidence in the judiciary, "and I believe I can do that".

"I am a strong proponent of inclusive and collaborative leadership and I know that I have the soft skills to make everyone feel that they have a stake in this institution and that we all share the responsibility to make it work and deliver in its mandate," she said.

Additional reporting Franny Rabkin


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