President Ramaphosa has on Thursday announced Justice Mandisa Maya as the Chief Justice of the Republic.

Maya will take up her position on September 1, replacing the “politically conflicted” Chief Justice Raymond Zondo, whose term ends on August 31.

Zondo is considered Ramaphosa’s last line of defence.

The EFF had previously questioned the manner in which Zondo was parachuted into the Chief Justice’s office. The EFF said since “Comrade” Zondo’s ascendancy in the chief justice office, majority of South African’s had lost confidence and certainty that the judiciary was led by a person who was beyond the reach of the “greasy and dirty hands of politicians”.

Deputy Chief Justice Mandisa Maya. Picture: Timothy Bernard Independent Newspapers

“First, the manner of his appointment left much to be desired. The Judicial Service Commission sat and interviewed four candidates, and after intense deliberations, recommended that Justice Mandisa Maya be appointed as Chief Justice. Mr Ramaphosa, without reasons, decided to ignore that recommendation and appointed Comrade Zondo as Chief Justice,” the party said during the justice Budget vote.

The EFF said as the party the only inference that can be drawn was that the appointment of Zondo was payback time for his susceptibility to dabble in politics and hold politically factional views on a range of issues. Zondo has apparently confessed to being married to the sister of Thobeka Madiba, who is former president Jacob Zuma’s wife, which makes Zuma, Zondo’s brother-in-law.

“The dangers were all there to see for everyone. Even while he was still Acting Chief Justice, Comrade Zondo saw it fit enter into a public spat with politicians on the role of the Constitution and on the suspected capture of the judiciary by politicians.”

Late last year, the Council for the Advancement of the South African Constitution (Casac) accused Zondo of undermining his office, following remarks he made in an interview on Newzroom Afrika. The organisation said at the time that Zondo strayed too far into the political terrain by opining on the ongoing corruption prosecution of former president Jacob Zuma.

The chief Justice made his political colours clear when he was asked by TV anchor Xoli Mngambi if he believed there was any purpose in pursuing the ongoing corruption case against Zuma, given that the remission of sentence previously granted to the former president seemed to suggest that the government had no appetite to see Zuma behind bars.

Zondo said as long as the National Prosecuting Authority (NPA) had enough evidence to justify prosecuting him, he needed to be prosecuted.

“Let the country know that the NPA, and the courts, will have done their part, and let the executive deal with the public at that time. So I would not say that any trials must stop. I think we must continue doing what is right. The NPA believes there is a strong case against him, that’s why they are pursuing the charges. The courts are there ready to conduct a fair trial, assess evidence, and if they find that he is guilty, they will look into what the appropriate sentence should be and impose a sentence that will fit the circumstances,” the judge said.

The EFF said had Zondo confined himself to adjudicating matters before the courts, instead of wanting to be a politician all that unfortunate interview and political statements he had uttered would have been prevented.

“The same Comrade Chief Justice once boldly proclaimed that the election of Cyril Ramaphosa as president of both the ANC and the country saved this country from collapse. Would he ever preside in a fair and impartial manner when he is required to make judgements on the conduct of Ramaphosa and those associated with him if he is of the view that Ramaphosa is a Godsent,” asked the organisation.

Zondo’s nomination had caused horror from many sections of the legal establishment, the press, and a social media platform which was just beginning to spread serious tentacles across the country. Maya’s appointment into the highest court follows the President’s consultation, in accordance with Constitutional prescripts, with the Judicial Service Commission and the leaders of political parties represented in the National Assembly.”

The Presidency confirmed that the Judicial Service Commission (JSC) was in full support of Justice Maya’s appointment.

“In a letter addressed to Chief Justice Raymond Zondo on 22 February 2024, President Ramaphosa informed the Judicial Service Commission of his intention to appoint Deputy Chief Justice Maya as the Chief Justice of the Republic upon the expiry of the term of office of Chief Justice Zondo on 31 August 2024.

“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 out in Section 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.”

Maya is the country’s first female Chief Justice. She was appointed Deputy Chief Justice in September 2023 after she was interviewed by the JSC. She was president of the Supreme Court of Appeal before she was appointed Deputy Chief Justice.

The Star

sipho.jack@inl.co.za

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