Johannesburg –
Madlanga refers to his ruling handed down on 11 June 2020, which declared that the Constitution requires that citizens be allowed to stand for election to the National Assembly and provincial legislatures as independents without having to join or form a political party
— Kailene Pillay (@kailenepillay) February 1, 2022
Adv Madonsela asks Madlanga how frequently his colleagues concurred his judgements and which were ground-breaking.
Madlanga says “by far” most of his judgements are in the majority @— Kailene Pillay (@kailenepillay) February 1, 2022
Criticism of the judiciary should be fact-based and not calculated, says Mbuyiseli Madlanga
Questions around the criticism and attack of the judiciary found their way into Constitutional Court Justice Mbuyiseli Madlanga’s interview for Chief Justice as expected.
Madlanga is the first of the four judges vying to be named South Africa’s next Chief Justice following Justice Mogoeng Mogoeng’s retirement last year.
His interview is taking place at the Capital on the Park Hotel in Sandton, Johannesburg.
Madlanga told the panel of interviewees that criticism of the judiciary should be expected and accepted, but it should never go to a level where the courts no longer enjoy the respect of the general public.
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Justice Madlanga’s interview has adjourned for lunch. The interview will resume at 3pm @
— Kailene Pillay (@kailenepillay) February 1, 2022
Commissioner Narend Singh asks how would Madlanga establish independence if the budget is decided by Minister of Justice. He says, “he who pays the the piper, controls the tune.”
Madlanga says if appointed he would have to apply his mind to that @— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga is asked about his temperament and he says that he has a good temperament and others, even those in this room, can attest to it @
— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga is asked how would he deal with the media if appointed as CJ. He says judges should never lose sight that people are entitled to criticise them and they must be able to “take it on the chin” @
— Kailene Pillay (@kailenepillay) February 1, 2022
Judge Tlaletsi asks Madlanga if he ever conducted an [informal] skills audit of the Constitutional Court or other superior courts and what did he find? He asks what can be done to improve the courts? @
— Kailene Pillay (@kailenepillay) February 1, 2022
Justice Minister Ronald Lamola is the first of the commissioners to question Justice Madlanga. He asks about the separation of powers in regard to administration. Lamola asks Madlanga how he understands the separation of powers @
— Kailene Pillay (@kailenepillay) February 1, 2022
The #ChiefJustice interview with Justice Madlanga has adjourned for tea. It will resume just after midday.
Madlanga leaves the interview room for a short break @ pic.twitter.com/YP4Pxym2zx— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga says if appointed, wants to address misogyny, sexism and the lack of sensitivity to the LGBTQ+ community @
— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga speaks on the rollout of of court online saying that the new CJ would have to ensure the migration to a paperless environment was phased in properly.
He highlights the issue of computer illiteracy. Says current system needs to run together with new system @— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga says for a long time he felt that some of the rules of courts and were no longer suited for courts today. He is going through some of the rules he feels are outdated @
— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga says if appointed, he wants to approach the Minister of Justice to discuss the issue of quorum. He says that perhaps the best would be an amendment @
— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga will now be given 30mins to share his vision of a functional, efficient, accountable and independent judiciary in SA @
— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga basically says he identified some of the contributing factors to excessive delays in the Constitutional Court and he is in the process of revising the system. He says he and acting justice Dhaya Pillay are working on the proposal that will be released soon @
— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga was appointed as a Constitutional Court judge by former President Jacob Zuma in 2013. He has served 8 years and 5 months of his 12-year term at the apex court @
— Kailene Pillay (@kailenepillay) February 1, 2022
Madlanga says apart from his legal work, he was also a member of Advocate for Transformation among other organisations. He also offered his services to lecture law students for free at Fort Hare and Walter Sisulu universities @
— Kailene Pillay (@kailenepillay) February 1, 2022
Appeals court president Xola Petse is chairing the interviews. He asks Justice Madlanga to take a few seconds to look around and see if he knows most, if not all, the Commissioners present.
This is the start of a historic week of interviews for SA’s next #ChiefJustice @— Kailene Pillay (@kailenepillay) February 1, 2022
The long-awaited interviews for South Africa’s next Chief Justice are set to begin on Tuesday morning as the Judicial Service Commission (JSC) begins the process of appointing one of four candidates for the top judicial post.
President Cyril Ramaphosa invited the public in September last year to nominate people for the position. The panel set up to short-list candidates – chaired by former head of the UN High Commissioner for Human Rights Navi Pillay – gave its report to Ramaphosa on November 17, and he submitted four names to the JSC.
The shortlisted four senior judges for the job include Deputy Chief Justice Raymond Zondo, Supreme Court of Appeal Judge President Mandisa Maya, Constitutional Court Judge Mbuyiseli Madlanga and Gauteng Judge President Dunstan Mlambo.
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