Video by Timothy Bernard
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”.
Madonsela said there was an “undercurrent” that Mlambo appeared to make favourable judgments on President Cyril Ramaphosa and not so favourable to Zuma and his administration.
Mlambo replied by saying this was not true and that people were entitled to their opinions “but I make judgments based on the facts”.
He further said he had no problem with Zuma and certainly did not have a “soft spot” for Ramaphosa.
In presenting his case on why he should be the next Chief Justice, Mlambo noted that in crafting his vision, he considered what was the proper location of the judiciary and the role of the Constitution as well as the role of Chief Justice.
He maintained that he also looked at the current context of the judiciary in South Africa.
He highlighted that the judiciary was a functional judiciary that had lived up to the contents of the Constitution but when he did an “environmental scan”, he found that there was a loss of confidence in the justice system and judiciary.
He said “more worrying”, was that his scan revealed that the judiciary operated in a “somewhat toxic” manner, adding that the judiciary was attacked on a number of fronts and this was a function of a “polarised political space”.
Mlambo also raised concerns around unfounded allegations of corruption levelled against some judges as well as fake court orders produced.
While going through his seven pillar vision for the judiciary, Mlambo indicated that effective leadership was key and that there needed to be a judicial colloquium.
He further added that there needed to be consequence management, especially for those who took a prolonged time–- sometimes up to two years – in handing down judgments.
“If you can’t write judgments then you should not be in the judiciary,” he said.
According to Mlambo, as Chief Justice, he would focus on the workings of the justice system in terms of accountability. He said there were people who have not been found guilty but are still languishing in jail.
“This is unacceptable,” he said.
Political Bureau