The legal profession has joined the citizens of South Africa (SA) in welcoming Chief Justice Designate, Mandisa Maya, after her appointment as the new Chief Justice of South Africa. She will assume her role as Chief Justice of SA on 1 September 2024. Photo: Facebook

The legal profession has joined the citizens of South Africa (SA) in welcoming Chief Justice Designate, Mandisa Maya, after her appointment as the new Chief Justice of SA. This came after her appointment was announced on 25 July 2024 by the presidency through a statement. Chief Justice Designate Maya’s appointment is in terms of s 174(3) of the Constitution.

According to the statement, Chief Justice Designate Maya’s appointment follows the President’s consultation, in accordance with constitutional prescripts, with the Judicial Service Commission (JSC) and the leaders of political parties represented in the National Assembly. The statement further added that in a letter addressed to Chief Justice Raymond Zondo on 22 February 2024, President Cyril Ramaphosa informed the JSC of his intention to appoint Deputy Chief Justice Maya as the Chief Justice of the Republic on the expiry of the term of office of Chief Justice Zondo on 31 August 2024.

The statement pointed out that the President invited the JSC to provide its views on the suitability of Justice Maya to hold the office of Chief Justice. Discharging its consultative mandate set in s 174(3) of the Constitution, the Commission interviewed Justice Maya on 21 May 2024 to ascertain her suitability to be appointed as Chief Justice of the Republic.

The statement added that the Commission subsequently assured the President of Justice Maya’s suitability to lead the judiciary in the country based on the interview, Justice Maya’s qualifications and judicial record, her leadership qualities, her experience as a judge in various courts, her past leadership of the Supreme Court of Appeal and her role as Deputy Chief Justice in the period leading to her nomination by the President. The statement further said the Commissioners also advised that Justice Maya’s appointment would be a significant milestone for the country as Justice Maya would be the first woman in SA to be appointed Chief Justice.

‘President Ramaphosa appreciates the confidence expressed by the Judicial Service Commission and leaders of political parties in the suitability of the incoming Chief Justice, who can draw inspiration and support from the confidence expressed in her,’ the statement read.

The Law Society of South Africa (LSSA) proudly welcomed the appointment of Chief Justice Designate Maya. On behalf of the attorney’s profession, President of the LSSA Joanne Anthony-Gooden extended congratulations and high esteem for this groundbreaking achievement.

The LSSA added that the President of the Republic exercised his constitutional responsibility and discretion in appointing Justice Maya, marking a milestone for SA’s transformation agenda. The LSSA noted that Chief Justice Designate Maya’s appointment is not only a significant achievement in gender representation but also a testament to her distinguished career and exemplary service. Serving as Deputy Chief Justice since 2022 and as President of the Supreme Court of Appeal of SA since 2017, Justice Maya has consistently demonstrated the qualities and leadership befitting the role of Chief Justice. Her historic tenure as the first female chancellor of the University of Mpumalanga in 2021 further exemplifies her dedication and pioneering spirit.

LSSA President Anthony-Gooden stated: ‘Today marks a historic moment with the appointment of the first female Chief Justice. This significant step forward demonstrates our nation’s progress and the meaningful transformation of our judiciary. The LSSA believes that Chief Justice Designate Maya’s leadership will play a crucial role in upholding and enhancing the rule of law in South Africa. Her willingness to serve our country with integrity and dedication is deeply appreciated. We extend our sincere gratitude to Chief Justice Designate Mandisa Maya and wish her every success in her new role. Her appointment is an inspiration to all, symbolising a significant step forward in the transformation of our judiciary and the continued pursuit of justice for all South Africans.’

In a statement released by the BLA, the organisation extended its warmest congratulations to Chief Justice Designate Maya on her appointment. The BLA said that this is a first in SA to have a female Chief Justice, more so, an African female, as head of the judiciary in the Republic. ‘This is a well-deserved recognition of her exceptional leadership, legal expertise, and dedication to upholding the principles of justice and the rule of law. The elevation of Chief Justice Designate Maya to this esteemed position is a testament to her outstanding contribution to the judiciary,’ the statement read.

The BLA pointed out that Justice Maya assumes the position at a time when the justice system is plagued by a number of problems, among others, shortage of courts and judges in various centres and divisions around the country, which result in matters taking too long before they are finalised and as a result impacting on access to justice by a majority of people. The BLA added that trial dates cannot be issued as there will either be no judge to hear the matter or there will be no courtroom for the matter to proceed.

‘We have every faith that she will do her best in ensuring that these challenges are dealt with effectively and she will improve on the measures already in place to increase the efficiencies in the system. We call upon her to be deliberate about women empowerment, increase the number of female judges and ensure that there is more judicial education for skills development, especially for newly appointed judges and aspirant judges. The BLA will always be available to assist and support her office in tackling these challenges for the betterment of our justice system and society,’ the statement said.

The National Association of Democratic Lawyers (NADEL) also extended its congratulatory message to Justice Maya. The organisation pointed out that Justice Maya stands as a beacon of exceptional leadership, legal expertise, and vast experience. NADEL said that Justice Maya’s distinguished career is adorned with exemplary accomplishments that reflect her deep knowledge and unwavering adherence to the principles of justice, fairness, and equality. ‘These qualities, combined with her strong values and integrity, make her an ideal candidate to lead the judiciary.’

NADEL added that Justice Maya’s appointment signifies more than just a personal accolade; it heralds a transformative period for the South African society. Her leadership promises to inspire positive changes and foster a judicial system that is more inclusive and reflective of our diverse nation.

NADEL’s President, Mvuzo Notyesi expressed his profound congratulations to Chief Justice Designate Maya. He further noted that ‘NADEL supported Justice Maya to become the first female to ascend to this esteemed position, marking a significant milestone in our country’s legal history. This appointment therefore inspires hope and sets a powerful precedent for gender equality within the legal profession, encouraging women and young girls to aspire to leadership roles.’

NADEL added that it remains steadfast in its support of Justice Maya. ‘We believe that her visionary approach, commitment to justice and her strong leadership will greatly benefit our constitutional democracy and society as a whole.’

The Minister of Justice and Constitutional Development, Thembi Simelane in a statement said Justice Maya’s appointment signifies the deeper appreciation of how far SA has come as a nation and how much SA’s courts have transformed, both in terms of race and gender. The statement added that Justice Maya’s appointment also signifies the transformation agenda of what was previously a male dominated judiciary.

‘Justice Maya brings with her profound experience and legal brilliance spanning many decades in the legal profession,’ said Minister Simelane.

The statement pointed out that women’s representation in the judiciary is key to ensuring that courts represent the people, address their concerns and are seen as inclusive. By their mere presence, women judges enhance the legitimacy of courts.

Outgoing Chief Justice Raymond Zondo also congratulated Justice Maya as his successor as Chief Justice. He emphasised that this appointment is a historic appointment. He expressed appreciation to Justice Maya for the support that she gave him as his deputy in the past two years.

Chairperson of the Justice and Constitutional Development Portfolio Committee, Xola Nqola, told Justice Maya that she was not appointed on the basis that she is a female judge for the position of Chief Justice. He said that she was appointed because of the requisite skills, experience and capabilities. He pointed out that Justice Maya has played different roles while on the bench. He added that the Justice Portfolio Committee is committed to working closely with Justice Maya, as they did with former Chief Justice Mogoeng Mogoeng, outgoing Chief Justice Zondo, so that together they can work on access to justice for the people of SA.

Chief Justice Designate Maya will assume her role as Chief Justice of SA on 1 September 2024.

Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.