Is job reservation in reverse in SA?

Professor Lesiba Teffo would rather differ with other political analysts and sail against the wind than be sycophantic towards politicians.

Last week, the professor raised a pertinent matter about the demographic composition of our judiciary, in particular, the crucial chief justice position.

Of course, he did not debate what some other political scientists were discussing at the time, which is that it’s time for a female chief justice to be appointed.

Filling the vacant chief justice position was hotly debated this time, unlike in the past when the process went quietly, as it did when Mogoeng Mogoeng was appointed amid claims that he was a friend of then president Jacob Zuma.

He proved to be nobody’s friend but a friend of justice for all.

That was besides his extra-judicial political views that some may not agree with.

The decision of the Judicial Service Commission (JSC) to nominate only Supreme Court of Appeal Judge President Mandisa Maya to replace Mogoeng was a political statement considering they should have given the president a few names to choose from.

It can’t be that other candidates were not strong enough in terms of their qualifications and experience.

Now, any appointment other than Maya would raise eyebrows with accompanying criticism targeting President Cyril Ramaphosa – first for preaching gender equality but ignoring an opportunity to appoint the first female chief justice.

If he appointed Acting Chief Justice Raymond Zondo, for instance, his critics would unleash venomous attacks on him. But, as president, he is allowed to exercise his discretion in making the appointment.

The Congress of the People’s Dennis Bloem is the only politician so far to make a noise about the JSC’s decision to only forward Maya’s name to the president.

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But who is surprised after the drama by some of its members, who have an obvious political agenda or an axe to grind against the president, Zondo and Judge President Dunstan Mlambo?

In the view of these politicians, the two judges were against Zuma, their hero.

The interviews weren’t a robust grilling but an exercise in ridiculing individuals that were not favoured by the JSC.

But the question is: would you ignore Zondo even when his time has arrived to fill the position of chief justice after practising many of the tasks of the chief justice as deputy or acting chief justice?

In future, should sitting judges not make themselves available to chair commissions of inquiry because it would limit their chances of rising to the highest level of the judiciary?

Should judges like Mlambo worry before issuing judgments even when the facts before them dictate what they must do?

Now, where does Teffo fit in here?

He was not debating whether Maya or Zondo must be given the post. But he was concerned about the lack of white, coloured and Indian candidates among those vying for the position.

Teffo said these three groups – Indians, coloureds and whites – no longer bother to apply for certain executive positions in the country as they are perceived to be the preserve of black South Africans.

He argues this is not what the fathers of this democracy fought for.

Instead, they wanted a post-apartheid SA of reconciliation, nation-building and social cohesion.