News24.com | JSC recommends Justice Mahube Molemela for SCA president post

3 years ago 2
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The Judicial Service Commission will advise President Cyril Ramaphosa to appoint Justice Mahube Molemela as president of the Supreme Court of Appeal.

The Judicial Service Commission will advise President Cyril Ramaphosa to appoint Justice Mahube Molemela as president of the Supreme Court of Appeal.

Ben Bezuidenhout, GroundUp, Wikimedia, file

  • The JSC will recommend Justice Mahube Molemela for the position of president of the Supreme Court of Appeal.
  • The commission interviewed Molemela for the post on Monday. She was the only candidate.
  • The panel quizzed her on her experience and goals for the SCA.

The Judicial Service Commission (JSC) will advise President Cyril Ramaphosa to appoint Justice Mahube Molemela as president of the Supreme Court of Appeal (SCA).

The JSC interviewed Molemela, the only candidate for the position, on Monday.

Ramaphosa nominated her in February and asked the JSC to advise on her suitability to hold the position.

Molemela, an SCA judge, would replace Deputy Chief Justice Mandisa Maya if appointed. 

The panel of commissioners, including EFF leader Julius Malema, SCA acting president Xola Petse and Gratitude Magwanishe, chairperson of the Portfolio Committee on Justice and Correctional Services, asked Molemela about her experience, vision for the SCA, accessibility of justice, embracing technology and gender equality in the judiciary, among other issues. 

READ | Constitutional Court, SCA among the courts with judicial vacancies

She said the appointment of Maya as deputy Chief Justice was among the strides made towards gender transformation.

Petse quizzed Molemela about her experience in the judiciary, noting that she was the seventh most senior member of the SCA and asked if she wouldn't perceive her appointment at its helm as "leapfrogging" her seniors.

Justice Mahube Molemela

Molemela said this would not be an issue. 

She cited colleagues, among them former Chief Justice Arthur Chaskalson, saying they had performed "excellently" in their positions despite not being the most senior candidates.

This is not unheard of in the judiciary. It has happened several times in the Constitutional Court, the SCA, and high courts. There have been many instances where colleagues who were appointed as leaders of courts were not necessarily the most senior member of that court.

Petse also noted that Molemela served on two of six judges' committees at the SCA and chaired none of them. 

He asked if a lack of this experience would put her at a disadvantage. 

Molemela said she had made meaningful contributions to committees, despite not chairing them. 

She cited a matter she brought before the committee for discussion that had resulted in establishing a sub-committee and compilation of a report. 

READ | JSC interviews: Candidate says appointment should be based on judicial contribution, not race or gender

Molemela did not wish to elaborate, saying it concerned the judges. 

"The fact that I am not the chairperson of any of those committees is neither here nor there," she argued. 

Magwanishe asked Molemela if she would consider other positions should Ramaphosa recommend her for another post.

She said she would inform the president of her commitment to serve in the SCA.


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