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Daily Maverick
03-07-2025
- Politics
- Daily Maverick
JSC to recommend Gauteng Judge President Dunstan Mlambo for Deputy Chief Justice position
The Judicial Service Commission has decided to recommend the Gauteng Judge President for the second-highest position in the judiciary — after his 2022 bid for Chief Justice was nearly torpedoed in what seemed to be a coordinated campaign to derail his candidacy. Gauteng Judge President Dunstan Mlambo has been given the nod by the Judicial Service Commission (JSC) for the position of Deputy Chief Justice (DCJ). 'The JSC has decided to advise the President that Judge President Mlambo of the Gauteng Division is suitable for appointment as Deputy Chief Justice, and in accordance with that decision, a report will be submitted by the JSC to the President, including a report on the other two candidates,' said JSC commissioner advocate Sesi Baloyi on Thursday, 2 July. The position of DCJ has been vacant since September 2024, when Chief Justice Mandisa Maya assumed her role at the apex of the judiciary. This week, three candidates went head to head in front of the JSC. In addition to Mlambo, President Cyril Ramaphosa nominated the Judge President of the Free State Division, Cagney Musi, and the Judge President of the Northern Cape, Pule Tlaletsi, for the DJC role. A fourth nominee, Supreme Court of Appeal (SCA) Justice Mahube Molemela, withdrew. Both Tlaletsi and Musi stumbled at points in their interviews; Tlaletsi, notably, for saying that sexual harassment in the judiciary was an issue that he had not personally 'identified as a problem', and Musi over his contentious decision to allocate the R24.9-million Nulane case to acting Judge Nompumelelo Gusha. Last month, the SCA reversed Gusha's decision to grant discharges and acquittals to all the accused in the Nulane matter, in a ruling that found the acting judge had made multiple legal errors. On Thursday, Musi, who was one of the SCA's panel of judges at the appeal, defended his decision to appoint Gusha, adding, however, that he agreed with the SCA decision. 'The judge [Gusha] got it wrong. That is why we have courts of appeal. I agree totally with the SCA,' he said. 'Threat to the rule of law' Mlambo, interviewed first in a marathon session on Wednesday, said it would be 'an honour' for him to serve as South Africa's next DCJ. He is South Africa's most senior Judge President, Mbekezeli Benjamin, a research and advocacy officer at Judges Matter, reported in Daily Maverick. For the past 15 years he has served as Judge President of two of South Africa's busiest courts — the Labour Court and then the Gauteng Division of the High Court. At 66, if appointed, Mlambo will serve as DCJ for four years until his mandatory retirement in 2029. 'I think my leadership style, Chief Justice, is one of inclusivity, team-leading and enabling. Were I to be recommended as Deputy Chief Justice, I would continue in that leadership philosophy,' said Mlambo. Asked by Maya whether he would have an issue working under her — a woman who is younger than him — Mlambo said: 'I will not have a problem with that. In fact, I don't think it's an issue at all. 'I'm not in the judiciary for positions. I'm in the judiciary to ensure that the judiciary fulfils its constitutional mandate in whatever capacity I find myself in. And I would gladly support you, and work under you, and abide by your dictates and directions, Chief Justice.' Mlambo vied for the position of Chief Justice in 2022, against Maya and former Chief Justice Raymond Zondo, to succeed then Chief Justice Mogoeng Mogoeng. But Mlambo and Zondo's interviews were nearly derailed by attempted political hit-jobs from a JSC cabal led by advocate Dali Mpofu and EFF leader Julius Malema, reported Daily Maverick's Rebecca Davis. Ramaphosa later chose to ignore the JSC's recommendation of Maya — as was his legal right — and appointed Zondo as Chief Justice in March 2022. He retired on 31 August 2024 and was replaced by Maya. Following the public interview process, the JSC has deliberated and resolved to advise the President that Judge President D Mlambo is suitable for appointment as the Deputy Chief Justice of the Republic of South Africa. #JSCinterviews #ocj_rsa #JudiciaryRSA — RSAJudiciary (@OCJ_RSA) July 3, 2025 In his interview, Mlambo took a particularly firm stance on the issue of the unacceptability of attacks on the judiciary. 'Powerful people who criticise the courts, who impute corruption and other negative implications on the imputations of the judiciary are a threat to [the] rule of law,' said Mlambo. He said the DCJ should take up the mantle of supporting the Chief Justice in engaging with legal professionals and civil society and making them aware that 'this type of wanton, unfounded criticism of the judiciary is a problem'. Mlambo, at first, did not reference political parties or politicians specifically, but asked by Justice Minister Mmamoloko Kubayi about the issue, he admitted he shied away from mentioning 'political players in the criticism of the judiciary'. He said it was the constitutional prerogative of the executive and the legislature to defend the judiciary 'when it comes under unnecessary and unwarranted attack'. Modernisation of the judiciary Maya revealed that Mlambo had played a key role in the judiciary's motivation for its independence. Honouring the 30th anniversary of the Constitutional Court last month, Ramaphosa announced plans for the judiciary to become an independent institution like Parliament — a call judges have been making for years. He vowed that the government would provide budgetary and operational support. Mlambo said he would support Maya in her vision of judicial independence. 'Chief Justice, you've hit the ground running as the current Chief Justice. Your vision is very clear: the independence of the judiciary. And, hardly a year in office, the executive has yielded. We've been fighting this battle for the last 14-15 years, but now it's going to become reality that we will also be institutionally independent,' he said. Mlambo is renowned for his administrative wizardry and innovative approach to leadership. He spearheaded the roll-out of the court online system in the Gauteng Division of the High Court in 2020, during the Covid-19 pandemic, and as chair of the judiciary's IT committee he has overseen the further roll-out of this system to seven of the nine provinces, reported Daily Maverick. He said he had been 'fortunate' to have been 'central to the modernisation of the judiciary' in South Africa. The DCJ, according to Mlambo, 'must possess strong intellectual leadership skills to support and advance the constitutional jurisprudence development' of the Constitutional Court. 'The Deputy Chief Justice, as supporting the Chief Justice, must have a very well-developed operational, as well as a systems and administrative sense, to ensure that the operations of the Constitutional Court, and of the general judiciary, goes according to plan and achieves its objectives,' he said. Mlambo said he believed the role of the DCJ was to enable efficiency at the Constitutional Court. He said it was 'not good' that some Constitutional Court judgments take several months to be delivered. DM
Daily Maverick
17-06-2025
- Politics
- Daily Maverick
‘I will not step down,' NPA head Shamila Batohi tells MPs
With much riding on the shoulders of the NPA's Shamila Batohi, she says she won't quit amid calls for her resignation. Shamila Batohi, the head of the National Prosecuting Authority (NPA), has made it clear that she will not leave her position as National Director of Public Prosecutions (NDPP) following renewed calls for her resignation amid growing concerns about the NPA's failure to prosecute State Capture cases. 'I want to say that, as the NDPP, I will not be stepping down because I believe that we are doing a really good job to serve the people of this country – as we have been – and, particularly, the victims of crime,' Batohi told MPs in Parliament. Batohi was responding to demands for her resignation by uMkhonto Wesizwe (MK) MP Sibonelo Nomvalo and Economic Freedom Fighters (EFF) MP Mathibe Mohlala during a parliamentary justice committee meeting on Tuesday, 17 June. Minister of Justice and Constitutional Development Mmamoloko Kubayi also appeared before the committee to table the department's annual performance plan. Batohi has faced fresh calls to resign or be removed from office in recent weeks, after the NPA was accused of bungling the extradition of Moroadi Cholota, the former personal assistant of corruption-accused former Free State premier Ace Magashule. The Free State Division of the High Court in Bloemfontein ruled earlier this month that Cholota's extradition from the United States was unlawful and unconstitutional on the grounds that the extradition had been requested by the NPA rather than Kubayi. Judge Phillip Loubser concluded that the court therefore did not have the jurisdiction to try her. The mishandling of Cholota's extradition was the latest in a series of NPA failures in prosecuting high-profile State Capture cases. Other mishaps include the institution's failure to secure a conviction of pastor Timothy Omotoso and the failed extradition of the fugitive Gupta brothers in April 2023. Following the Cholota ruling, ActionSA called for Batohi's removal as NDPP and for a 'full parliamentary inquiry' into the NPA's failures. The DA proposed a set of reforms to 'rescue South Africa's broken' NPA. In an interview with SABC Morning Live Host Leanne Manas hours before the DA and ActionSA issued their statements, Batohi said that there were 'less than a dozen' matters that had 'led to this very, very severe criticism of the NPA'. 'There certainly have been setbacks and I don't want to underplay that. There've been major setbacks for the institution. But we're dealing with them,' Batohi said. Batohi took the same line with Parliament on Tuesday, saying she conceded that there 'have been about a dozen cases' for which the NPA had received 'a lot of flak'. However, last week the NPA scored a major win when the Supreme Court of Appeal (SCA) overturned a Bloemfontein judge's decision to acquit all the accused in the R24.9-million Nulane Investments case, Daily Maverick's Ferial Haffajee reported. This came after acting judge Nompumelelo Gush threw out the case in April 2023, against three former Free State officials, long-time Gupta enterprise employee Ronica Ragavan and businessman Iqbal Sharma. The SCA order means the accused face a retrial before a new judge. Batohi said the SCA order 'vindicates' the NPA and its prosecutor, because 'the courts agreed with our view'. 'The point I make is that there are legal processes, and I urge that we consider these cases individually,' she said. Batohi said there are 'huge systemic problems in the criminal justice system' and as NDPP, she would 'welcome some kind of commission that looks into systemic issues' about addressing South Africa's high crime rate. 'There are huge challenges within the NPA, within the police, [and] within the court system that we need to address to try and address the crime problem in our country,' she said. NPA doing a 'fantastic job' At the meeting, the MK's Mohlala accused Batohi of being 'incompetent', saying that under her leadership the NPA – which he ironically said 'used to enjoy integrity and credibility' – has been turned into 'a basket of shame'. 'We are very surprised that she has not resigned; it means she has a very stubborn conscience,' said Mohlala. He further accused Kubayi of misleading the House when she, in her earlier remarks, said that the NPA had been doing 'a fantastic job' concerning Truth and Reconciliation Commission (TRC) matters, particularly the work of the Missing Persons Task Team. 'Maybe you can fool your friends, not us,' said Mohlala. At the end of the meeting, Batohi hit back at Mohlala's comments, praising the work of the NPA. 'The question was asked whether we are doing a fantastic job, and I'd like to say that the NPA is, in fact, doing a fantastic job,' she said. 'I will never mislead this House. My integrity is really important and I will always be fair and honest. There are some things that we may not be able to speak about, but I will always be transparent and share whatever I can with the people of this country,' said Batohi. In the National Council of Provinces (NCOP) later on Tuesday afternoon, Kubayi was again confronted with questions about the performance of the NPA. 'We do take cognisance of the public outcry and we do pay attention to what is being raised… If we look at these two cases [Omotoso and Cholota] there are lessons to be learnt out of them and more work can be done by [supporting] and providing in terms of oversight over some of the cases,' said the minister. Kubayi highlighted some of the institution's gains. 'The NPA has moved from an annual performance of 50% in [the] 2020-21 financial year, to an organisation that is performing at 73% in 2023-24… Though challenges remain, the improvement in performance is a demonstration of a well-capacitated, well-resourced organisation,' she said. DM
