UP Law’s Professor Zozo Dyani-Mhango in the Department of Jurisprudence at the University of Pretoria (UP) participated in a Power Persective 98.7 FM broadcast on ‘The evolution of the judiciary’ on 7 April 2021. 

In the ‘Power perspective’ programme, which was broadcast from 21:00 to 22:00, Khaya Sithole spoke to radio guests Professor Zozo Dyani-Mhango, Mbekezeli Benjamin, Judges Matter: Research and Advocacy Officer, and Lawson Naidoo, Executive Secretary: Council for the Advancement of the South African Constitution (CASAC) on the Judicial Service Commission and the appointment of judges.

The panel dealt with a range of questions which included the following: What does the Constitution say about the appointment process of the judges? What is the composition of the JSC, and what motivated this composition? What is unique about the recommendation process relating to the Constitutional Court?

Prof Dyani-Mhango explained the constitutional process of the appointment of judges from the Constitutional Court to the high courts. She mentioned that the President has a discretion in the appointment of the Chief Justice and the Deputy Chief Justice as well as the President of the Supreme Court of Appeal and her Deputy President. The panel also discussed the importance of the Chief Justice since the office of the Chief Justice was created.

Although other panellists avoided on predicting on who should succeed Chief Justice Mogoeng Mogoeng later in the year, Prof Dyani-Mhango argued that the next Chief Justice should be a woman as South Africa never had a woman as a Chief Justice before. She reasoned that the Constitution requires an appropriately qualified, fit, and proper person to be a judge and urges the JSC to consider the race and gender composition of the country. Therefore, she contended that there are three women judges with vast experience at the Constitutional Court, such as Justices Mhlantla, Theron and Tshiqi.

The other panellists, though they did not want to mention any names, added that the person must also be able to lead the other Constitutional Court judges during deliberations and also be able to lead the judiciary considering the importance of the Office of the Chief Justice.

Click on the image above to access the discussion.