Johannesburg -
Petse has ruled that these questions and answers around the allegations of sexual harassment be expunged from the record @IOL
Mpofu asks Mlambo if he was told before the interviews that he would be asked about such allegations. Mlambo says he should be given an opportunity to clear the air but it is only fair that the candidate be made aware before the interview that he will be asked such @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Mpofu asks for a quick follow-up before adjournment. He asks Mlambo if he agrees corruption and GBV are two of biggest scandals. He agrees @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Due to loadshedding, the #ChiefJusticeInterviews will adjourn for 30 mins @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
WATCH: Tough questions continue for Justice Dunstan Mlambo
Johannesburg - Tough and sensitive questions kept on being thrown at Gauteng Judge President Dunstan Mlambo on Thursday amid his interview for the position of Chief Justice.
It was revealed, during the first part of the question and answer session, that Public Protector Busiswe Mkhwabane had objected to Mlambo’s candidacy in her personal and official capacity.
JSC Commissioner Thandazani Madonsela noted a comment by Democracy in Action, which had previously been litigated in support of former President Jacob Zuma and Mkhwebane.
Democracy in Action previously complained that Mlambo’s rulings on the Public Protector were “incoherent”.
Read the full story here
Cane reads messages from female colleagues and those who work under Mlambo regarding the sexual harassment allegations. She reads how these women claim there is NO substance to the allegations @IOL
Mlambo was asked whether he was made aware that he was going to be asked about allegations of sexual harassment. He says no.
— Kailene Pillay (@kailenepillay) February 3, 2022
Min. Lamola asks him what is the JSC's convention regarding allegations against a candidate... @IOL
#ChiefJusticeInterviews has resumed @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
As day three of the Chief Justice interviews proceeds, it has become evident that the gloves are off as panellists throw some hard-hitting questions at Gauteng Judge President Dunstan Mlambo.
Judge Mlambo’s interview started well as he was firm and took the Judicial Services Committee (JSC) through his seven-pillar plan to lead the judiciary if appointed Chief Justice.
However, as soon as the question-and-answer session began, it was not Judge Mlambo’s plan that was brought into question but his character and integrity.
Most shocking were allegations of sexual harassment previously levelled against him and whether there was any merit to them.
It was advocate Dali Mpofu who raised concerns around the “whisperings” and questioned Judge Mlambo if “any victims would come out” if he is named the next Chief Justice.
Read the full story here
WATCH LIVE FEED HERE
PART 2
The #ChiefJusticeInterviews will adjourn for one hour for lunch. It will resume at 14.50pm @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Mlambo is now asked about his comments that the nature of the legal profession is gossip and backstabbing. Mlambo says he has been a lawyer and judge for many years and he did not say these comments lightly. It has been his experience in his years in the legal profession @IOL
Mlambo expressed his disappointment a short while ago that allegations of sexual harassment has come up. he says this has "poisoned" his candidature @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Mapisa-Nqakula asks when first did he become aware of the rumours?
— Kailene Pillay (@kailenepillay) February 3, 2022
He says it started now during this CJ processes. He says it is a rumour that is difficult to pin. He says he feels pain that this rumour found its way to his CJ interview @IOL
Malema asks about the rumour of sexual harassments. He says it happens to acting female judges who have aspirations of coming to the bench. Mlambo reiterates there is no substance to the allegations and says it is an insult to him and to the female judges he has appointed @IOL
Mpofu now asks about sexual harassments allegations against Mlambo. He asks if there is any substance to these allegations and if there are any victims that will come out if he is named the next CJ.
— Kailene Pillay (@kailenepillay) February 3, 2022
Mlambo denies allegations and says there is no substance to that rumour @IOL
Mpofu now refers to "whispering complaints" that Mlambo disputed earlier but said he was aware of. Mpofu deals with 2 specific "whisperings" to allay any fears @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Adv Dali Mpofu says he pleads guilty to Mlambo's earlier claim that counsel in this room bombard the court with complex cases. Mpofu also declares that he does know Mlambo as they also served their article together @IOL
Adv Jenny Cane asks how would he deal with knowledge that a judge had taken a bribe and was involved in corruption. Mlambo says if it happened in the past, he would have immediately approached the CJ. But if appointed, he has no problem chairing a disciplinary as such @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Video: Timothy Bernard/African News Agency (ANA)
Mlambo says they approach cases "on the facts that come to us". He denies that he was unfavourable to former Pres JZ administration. He says he values his impartiality @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Mlambo says he is aware of this "undercurrent" but it is unfortunate people think that way. That his court is favourable to the current administration and not so much to Jacob Zuma's admin. he says the generalisation is "unfortunate and unfair" @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
WATCH LIVE FEED HERE
PART 1
Mlambo says that is not true. People are entitled to their opinions but he makes judgments based on the facts. He said he has no problem with former Pres Jacob Zuma and is not in any favour of Pres Ramaphosa @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Madonsela says he is concerned about Mlambo's practice of being visible to judges and surprise visiting them. He says judges are adults and did not need to be treated like children. Madonsela asks if he got the wrong impression of Mlambo's vision @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Mlambo is responding to the objection by Public Protector in her personal and official capacity. Mlambo says the PP wanted to meet him in person about matters that were before court and he declined. He says she also didnt use her lawyers to engage him @IOL
The #ChiefJusticeInterviews has resumed after tea. JP Thaletsi says Mlambo is being modest about his achievements. @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
The #ChiefJusticeInterviews will take a short adjournment for tea @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Min Lamola asks Mlambo's thoughts on the CJ determining the budget. Mlambo says there is no reason why the judiciary should not engage with the executives on a different budgetary module. He says it is a work in progress and engagement is long overdue @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Mlambo says SA has been ready for a female CJ and says that SCA President Maya answered the questions appropriately yesterday when she said she was not here because she is a woman, she is here because she is a good judge @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Justice Minister Ronald Lamola asks whether Mlambo was involved in making Legal Aid so techno savvy? Mlambo says yes he was chairing the board when they decided Legal Aid SA was deciding on tech improvements @IOL
Mlambo says technology can go a long way if properly taken advantage off. He says that CaseLines (an evidence management platform) is so good that he cannot go back to hardcopies. He looks forward to the implementation court online and he will ensure to champion tech @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Mlambo says there is an issue around the well-being of judges like medical aid etc. He says this needs to be looked at @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Mlambo says the Maintenance Court in SA is "ineffective". He says you hear horror stories all over about the issues there and how single mothers struggle to get anywhere @IOL
Mlambo says there needs to be consequence management especially for those who take a prolonged time (sometimes up to 2 yrs) in handing down judgments. "if you can't write judgments then you should not be in the judiciary," he says @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
He is now going through is seven pillars. Mlambo says "Effective Leadership" is pillar one. He says in one aspect, members of the judiciary need to find each other. He says there needs to be a judicial colloquium @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
His vision is to run an efficient and effective judiciary. He has based his vision on seven pillars @IOL
Mlambo is now given 30 mins to state his case on why he should be the next Chief Justice @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Petse asks Mlambo about rumours that he left the SCA because he could not put up with the challenges there. Mlambo says that he did not "run away" @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
When Chairperson Petse says they can be forgiven as it was their right to do so, Mlambo agrees and says that he always tells them to "bring it on" @IOL
Mlambo says that he believes visibility and face-to-face presence goes a long way in ensuring the smooth running of courts. He says he has a habit of arriving unannounced at judges chambers just to chat with them @IOL
— Kailene Pillay (@kailenepillay) February 3, 2022
Judge President Dunstan Mlambo has arrived at the #JSCinterviews for #ChiefJustice
— Kailene Pillay (@kailenepillay) February 3, 2022
He tells the panel he has lost 5kgs in preparation for this interview @IOL pic.twitter.com/9iHYU7CZvC
The search for South Africa's next Chief Justice continues today as the Judicial Services Commission (JSC) enters its third day of interviews with for the top job.
Justice Dunstan Mlambo - a veteran of the South African legal system - will be the third candidate to take the hot seat as he is expected to be grilled by the Commissioners on why he should be the next Chief Justice.
Over the last 30 years, Mlambo distinguished himself as a legal authority and as a former chairperson of Legal Aid South Africa. He has extensive experience in establishing and managing a legal aid system.
He was appointed Judge President of the Gauteng Division of the High Court by former president Jacob Zuma effective from November 2012, succeeding Justice Bernard Ngoepe.
Mlambo stated in his CV that he had "devoted his practice of law towards the upliftment and protection of people on the ground as a public interest lawyer and trade union lawyer".
During a speech made shortly after he took office, he said he would ensure that "access to justice becomes what it should be".
However, during the round of public comments last year, President Cyril Ramaphosa received at least two objections against Mlambo’s possible appointment as the next Chief Justice of the Constitutional Court.
Among the reasons cited for the objections were that he allegedly faced impeachment and imprisonment on eight counts of misconduct. He was accused of lacking ethics and allegedly demonstrating his contempt for the Constitution, the law and the truth.
The objections were submitted by Limpopo Legal Solutions, a non-profit organisation that advocates for human rights, and KZN-based advocate Anthony Brink.
Brink also accused the Judicial Conduct Committee of corruptly closing ranks around Mlambo as a ranking member of the JSC to protect him from being held to account, impeached and jailed for his alleged crimes and other misconduct.
At that time, acting spokesperson in the Presidency, Tyrone Seale, confirmed more than 500 objections and support letters were received for the candidates.
One of Mlambo’s most notable cases was in the 2014 Oscar Pistorius murder trial when he ruled that the entire trial proceedings may be broadcast live via audio and that parts of the trial may be broadcast live via television.
The ruling was welcomed by members of the South African media, who described it as a groundbreaking decision supporting freedom of expression, freedom of the media, open justice and democracy.
His reasons for allowing live broadcasting of the trial included dispelling perceptions that the rich and famous receive preferential treatment from the justice system, enabling public access to an unedited first hand account of the trial, and educating the public about criminal proceedings in general.
Political Bureau