Deputy Chief Justice Mandisa Maya will take over as Chief Justice from 1 September, becoming the first woman to fill the position. She will succeed the current Chief Justice, Raymond Zondo, as the most senior judge of the Constitutional Court and head of the judiciary of South Africa.
President Cyril Ramaphosa announced the appointment on Thursday, following consultation with the Judicial Service Commission (JSC) and the leaders of political parties represented in the National Assembly.
President @CyrilRamaphosa has, in terms of Section 174(3) of the Constitution of the Republic of South Africa, 1996, appointed current Deputy Chief Justice Mandisa Maya as Chief Justice of the Republic of South Africa with effect from 1 September 2024. https://t.co/vcq2lSUHER pic.twitter.com/rrXu94zvCa
— The Presidency ?? (@PresidencyZA) July 25, 2024
The decision was welcomed by the Ministry of Justice and Constitutional Development, which described Maya as a “brilliant legal mind and a trailblazer”.
“Today we have a female Chief Justice. This appointment signifies the deeper appreciation of how far we have come as a nation and how much our courts have transformed, both in terms of race and gender. It signifies the transformation agenda of what was previously a male-dominated judiciary,” said Minister of Justice and Constitutional Development Thembi Simelane.
“Justice Maya brings with her profound experience and legal brilliance spanning many decades in the legal profession.”
Simelane referred to Maya’s words before the JSC in 2022, when she stated that South Africa had “always been ready to have a female Chief Justice”, as it had always had capable women in the Constitutional Court. Maya was then the only woman among four candidates interviewed for the Chief Justice position by the commission. She previously served as the first female president of the Supreme Court of Appeal.
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In 2022, the JSC recommended that Ramaphosa should appoint Maya as the new Chief Justice. However, the President exercised his legal right to appoint a different candidate — Zondo.
Daily Maverick’s Rebecca Davis reported there was some speculation at the time that Zondo’s appointment, which would only last a little over two years due to mandatory judicial retirement, was in part an acknowledgement of his service to the country in heading the State Capture inquiry.
Ramaphosa’s nomination
Maya’s appointment as Zondo’s successor does not come as a surprise. The Presidency announced in February that Ramaphosa would nominate Maya for the Chief Justice position. As is constitutionally required, the President then invited the JSC to provide its views on her suitability to hold the office.
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The JSC interviewed Maya on 21 May and affirmed her suitability to lead the judiciary. According to the Presidency, the commission based its decision not only on the interview, but also Maya’s judicial record, leadership qualities, experience as a judge in various courts, past leadership of the Supreme Court of Appeal, and her role as Deputy Chief Justice in the period leading to her nomination.
“President Ramaphosa appreciates the confidence expressed by the Judicial Service Commission and leaders of political parties in the suitability of the incoming Chief Justice, who can draw inspiration and support from the confidence expressed in her,” said the Presidency.
Maya has extensive experience as a member of the judiciary. According to the Ministry of Justice and Constitutional Development, she sat in various divisions of the high court and the labour court before advancing to the appellate court, and has acted as a judge in the Constitutional Court of South Africa, the Supreme Court of Namibia and the Appeal Court of Lesotho. She is the vice-president of the International Association of Women Judges. DM