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Mandisa Maya’s appointment as Chief Justice is a victory for all, especially for black women in law

To reach her current position, Justice Maya has had to confront the double-barrelled exclusion that comes with being a black woman in law.

Several sentiments have been shared over the past weeks on Justice Mandisa Maya’s appointment as South Africa’s first woman Chief Justice. There have been some suggestions that we should not be too feminist or political about her appointment, and that she was selected on merit and her credentials. 

While this is true, we should not downplay the significance of her being the first woman to be appointed to the highest seat in our judiciary. Doing so would be a disservice to her and our historical battle against patriarchy and racism, especially within the legal profession.

I probably speak on behalf of most, but as a young and junior woman in the profession, I draw inspiration from Justice Maya. Her appointment gives us so much hope. We cannot overemphasise how historic this moment is for all of us. 

It’s undeniable that Justice Maya was appointed because she was the best candidate for the position. She is an exceptional judge with impeccable credentials and brings a wealth of experience to the Constitutional Court. She will make significant contributions to the judiciary, and we should be excited to see how she will enhance and shape our legal landscape over the next decade. 

Justice Maya has achieved several firsts. In 2015, she became the first woman Deputy President and President of the Supreme Court of Appeal, the first female deputy Chief Justice in 2022, and now the first woman Chief Justice. It would be dishonest to downplay the significance of her gender and race in her journey. Her appointment marks not only a historic moment for our judicial system, but is a significant milestone for black women in law. 

Justice Maya occupies the bench as a dynamic and multi-dimensional being. She is an exceptional judge and a phenomenal black woman, and we can celebrate both these truths in tandem. 

Racial and gendered intersection


It is important to recognise that Justice Maya built her career during a time when the discrimination against and systemic exclusion of black lawyers was pronounced at a racial and gendered intersection. When we acknowledge her intersectional position, noting that our identities do not exist in isolation, but they interact and overlap, we get to recognise and give due weight to the different struggles that come with belonging to various social groups. 

In the context of this opinion, it helps us to better understand how these intersections have shaped the experiences and outcomes of black women in law. To reach her current position, Justice Maya has had to confront the double-barrelled exclusion that comes with being a black woman in law. 

Although progress has been made over time, and we have evidenced an increasing number of women entering the profession, this increase has not yet fully permeated the upper levels of the profession. There are still relatively few black women in senior leadership positions, including in the judiciary before Justice Maya’s appointment. 

While the legal environment might not be as hostile and overtly exclusionary as it was in the past, there is still a pressing need for major transformation. Recent statistics from the Law Society of South Africa indicate that male attorneys account for 58% of the attorneys profession, while black women attorneys make up only 20%.

These statistics suggest that the legal profession is still predominantly male dominated and does not adequately reflect the composition of the South African population. We still need to direct efforts towards addressing the imbalances around the advancement of women, especially black women, within the legal profession. 

It is against this backdrop that we celebrate Justice Maya in her entirety as an excellent judge, and as a phenomenal black woman who has been appointed to the highest seat of the judiciary. Considering the systemic hurdles in law, what she has managed to achieve is phenomenal. 

Justice Maya’s appointment serves as a beacon of hope and progress. It shows us how far black women have come and can go. Against all odds, she has been able to carve out an exceptional career for herself and also pave the way for other black women. DM 

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