The Judicial Service Commission will recommend that President Cyril Ramaphosa appoint advocate Ivana Bands as a judge in the Eastern Cape High Court in Gqeberha after she successfully convinced the panel that her lack of knowledge on customary law would not impede on her ability to serve the court in that province.
Although not a member, the Eastern Cape branch of Advocates for Transformation nominated Bands for appointment, stating that “she has the credentials of being on the side of the poor and oppressed”.
Bands holds degrees in science and law and has told the JSC that she has so far handled a full spread of cases including, criminal, civil, commercial law, intellectual property law, administrative law, family law and procurement.
She was commended for writing around 40 judgments to date.
However when a question of her understanding of customary law was raised, Bands conceded that she has never dealt with such cases.
After asking the question, advocate Tembeka Ngcukaitobi said that Bands’ application to be a judge in the Eastern Cape High Court, “a primarily rural province where an overwhelming majority of people follow customary law”, he was always worried that judges were very ignorant about customary law.
He said customary law became the “ugly stepsister” of common law.
However Bands seemed to satisfy the advocate’s question by saying that she would look at whatever legal principles involved and will have consideration of all papers and further ensure that she was fully researched on the topic before entering the court “so I can engage meaningfully around the issue between parties”.
South African born, but from Italian descent, Bands holds a BSc (microbiology and zoology), a BSc (Hons)(zoology), and an LLB degree, all from NMMU
Describing her contribution to the pursuit of justice in South Africa, Bands noted that she has been actively involved in transformation initiatives at the Eastern Cape Bar, including serving on the pupillage committee for 8 years.
Two of her nominators are young black women whom she had encouraged to take up legal studies, employed as legal secretaries, and mentored until they entered the legal profession as attorneys.
One of those she met at the gym, while the other she met as a 10 year old.
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