Justice Mabindra-Bokwana joined the Department of Justice in 2013 in the Western Cape Division of the High Court. (RSA Judiciary)
The Judiciary Commission (JSC) has accused the Western Cape of adjudicating the esteemed Court of Appeal judge Nolwazi Mabindra-Bokwana, who the Chief Justice aptly described as having “notorious problems”, as an outsider. was appointed.
The decision came after a long day of interviews with six candidates that exposed the conflict in the court, which was presided over by John Hlophe until his suspension and eventual impeachment.
It all started with a damning three-hour interview with former Vice President Patricia Goliath, in which her leadership style and her efforts to fix the department were scrutinized, leaving commissioners clearly dissatisfied. was holding
Chief Justice Mandisa Maya, in her second interview of the day with Justice Andre Le Grange, postpones the introduction of the justices, even though he and Mr. Goliath were serving as Associate Chief Justice and Chief Justice, respectively. It became clear that he had chosen to do so, and he expressed his regrets. long-term strategy for the department until JSC appoints new leadership;
“Who made the decision to suspend the amendment until a permanent JP was established?” [judge president] If two people are acting, they are appointed and paid the same amount as a permanent JP, but if there is only one permanent DJP, will they be paid to perform these appointed duties?
“Who made the decision to suspend the integrity of the division?” Maya asked.
Le Grange replied that he had reached that decision after talking with Goliath.
“Are you leaving the courtroom in limbo?” Maya asked.
Le Grange said what was needed was to address the “fundamental issues” and it was decided to leave this to the person who would ultimately lead the department.
Mr Mavindra-Bokwana told the committee that he felt he had a vision for the department that had the potential for long-term success and was committed to staying on course to implement it.
When asked why she chose to come to the Western Cape rather than setting her sights on the Constitutional Court, she said she wanted to go where she believed she was needed.
She began her career as a judge in the division in 2013 and joined the Competition Appeal Court four years later. She was appointed permanently to the Supreme Court of Appeals in 2022.
Mr. Mabindra Bokwana has deep experience in human rights law, constitutional law, labor law and competition law.
Judge Patrick Gamble, who represented the division in Monday's interview, said he was concerned that her “impressive” jurisprudence would take a backseat to the administrative responsibilities that come with being chief judge. said.
“I consider myself an all-rounder…I don't think of being a presiding judge as management, in the sense of doing small things,” she replied.
“I look at it in a broader sense, because this is a leadership position where you set the tone.”
This also applies to jurisprudence, she added.
In an interview, it was revealed that Maya had recently asked Mabindra-Bokwana to act in the Supreme Court.
Her response to commissioners about her future plans was the same as that given by Chief Justice of the Court of Appeal, Mahbube Molemela, when the JSC interviewed her for the position in 2022.
Mr Molemela said he would be prepared to retire there if appointed rather than seek promotion to the Constitutional Court.