JSC to recommend Judge President Mlambo as next deputy chief justice

Picture of Faizel Patel

By Faizel Patel

Senior Journalist


The position of deputy chief justice has been vacant since September 1 last year.


Gauteng Judge President Dunstan Mlambo is likely to be the next deputy chief justice of the Constitutional Court of South Africa.

This is after the Judicial Service Commission (JSC) on Thursday resolved to recommend Mlambo for the position.

Recommendation

The recommendation comes after a public interview process, which started in Sandton on Wednesday, for the position following President Cyril Ramaphosa’s nomination of four candidates for the post after consulting the JSC and the leaders of political parties represented in the National Assembly (NA).  

Ramaphosa, as head of the National Executive, will have the final say on who will stand by the side of Chief Justice Mandisa Maya.

ALSO READ: The four candidates Ramaphosa has nominated for deputy chief justice

Other candidates

The three candidates interviewed were Mlambo, Free State Judge President Cagney Musi, and Northern Cape Judge President Pule Tlaletsi. A fourth nominee, Supreme Court of Appeal (SCA) Justice Mahube Molemela, withdrew.

Commissioner Advocate Sesi Baloyi made the announcement on Thursday.

“The JSC has decided to advise the president that JP Mlambo is suitable for appointment as the 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, the judge president for the Northern Cape and the judge president of the Free State,” Baloyi said.

Mlambo leadership

During the interviews, Mlambo discussed his leadership style, emphasising a balance of accountability, innovation, and a hands-on approach.

“I have been fortunate to be assigned leadership roles in the judiciary. I chair the Infrastructure Committee, Jade. I sit in the remuneration committee of the judiciary.

“I think my leadership style, Chief Justice, is one of inclusivity, team leading and enabling. If I am to be appointed or recommended as deputy chief justice, I will continue in that leadership philosophy, because I think it builds onto yours as well, chief justice. You have that way of leading people, that as leaders, we need to work together,” Mlambo said.

‘Smarter judges’

Mlambo added that he is a person who recognises that “we are not equally endowed”.

“There are judges who are smarter than me. My role as a leader is to get them to me so that we work for the common good of the Judiciary, Chief Justice,” Mlambo said.

“The leadership of the judiciary in South Africa has evolved. We need to find each other as [leaders]; we may benefit, because in that one, Chief Justice Mogoeng Mogoeng had called judiciary leaders from other jurisdictions to come and sort of help us come to grips with our reality.

“I think the context may be ripe for us to have another retreat under yourself, Chief Justice, that we find ourselves and we pull together. There are a lot of other things I can say, Chief Justice, but thank you for giving me this time to say this is what I see the Deputy Chief Justice’s role to be. Thank you,” he said.

Short stint

Mlambo is currently 65 years old, meaning that if appointed, he would have to retire mid-way through the chief justice’s term

The position of deputy chief justice has been vacant since 1September last year, when the then-deputy chief justice Mandisa Maya rose to the position of chief justice.

ALSO READ: Ramaphosa appoints Mandisa Maya as SA’s new chief justice