President Cyril Ramaphosa is facing mounting pressure to appoint South Africa's next Deputy Chief Justice (DCJ) as the vacancy remains unfilled eight months after Justice Mandisa Maya's promotion to Chief Justice of the Constitutional Court.

Justice Maya was appointed to her role in July last year, leaving the Deputy Chief Justice position unfilled. The current acting Deputy Chief Justice's term is set to end in July, raising concerns about the potential impact on the judiciary's operations.

Justice Mbuyiseli Madlanga has been acting as DCJ of the apex court, but online group Judges Matter, which advocates for transparency and accountability within the judiciary, said it was time for a permanent deputy.

It said since the appointment of Justice Maya, the president has been silent on who her deputy will be. “Faced with challenges such as a record shortage of judges, unprecedented caseloads, and budget cuts, the judiciary needs strong leadership at the top. The president’s silence is causing a crisis,” it said.

Justice Madlanga has been in his acting role since September last year. Judges Matter explained that the DCJ plays a crucial role in supporting the Chief Justice in fulfilling her significant responsibilities as head of the judiciary.

“The DCJ’s primary role is that of a Justice of the Constitutional Court. In addition to carrying their full load of hearings and judgments, the DCJ also presides over hearings in the CJ’s absence. The DCJ also chairs several committees which are essential to the apex court’s functioning.”

Judges Matter explained that the DCJ chairs the Judicial Conduct Committee (JCC), the body responsible for adjudicating judicial misconduct complaints against judges and upholding judicial ethics nationwide.

It said the JCC is facing a record volume of complaints, the vast majority of which are frivolous, yet still require adjudication. “Meanwhile, its capacity is thinly spread, chiefly because it is primarily constituted by full-time, working (rather than retired) judges. The DCJ is therefore required to devote enormous time to the smooth running of the JCC.”

The DCJ holds several other significant roles such as chairing the JSC in the CJ’s stead, attending (by invitation) the Heads of Court Forum – the judiciary’s central policy and governance structure – and chairing the executive committee of the council of the SA Judicial Education Institute. Additionally, the DCJ serves on the judiciary’s National Efficiency Enhancement Committee, among other important roles, Judges Matter explained.

“It is particularly urgent to have a permanent DCJ at this time of great transition in the judiciary. CJ Maya is taking the initial steps to implement her decade-long vision for the judiciary. The new DCJ must be able to hit the ground running and partner with Maya and her team, while also engaging crucial stakeholders like the legal profession along.”

Judges Matter added Justice Mbuyiseli Madlanga is currently the most senior justice at the apex court. He has presided over several hearings while standing in for Justice Maya during engagements with foreign diplomats, among other activities. But he is not in the running, as his non-renewable 12-year term on the Constitutional Court ends in July this year.

According to Judges Matter, Judge Dunstand Mlambo, the Gauteng Judge President, is the obvious front runner due to his experience and because he runs the busiest division in the country. He will only be able to serve until 2029 when his term comes to an end.

Judges Matter also mentioned Constitutional Court Justice Leonora Theron as a possible candidate, for her strong networks in the legal community, both here and abroad.

A third possible candidate earmarked by Judges Matter is Constitutional Court Justice Steven Majiedt, who has written several important judgments.

Several other possible candidates were also mentioned and Judges Matter said the president thus has a choice in who to appoint.

Cape Argus

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