Thuli Madonsela weighs in on JSC chief justice recommendation

Former public protector Thuli Madonsela sparked debate — and criticism from some — on social media after her statement on the recommendation that Supreme Court of Appeal (SCA) president Mandisa Maya be appointed chief justice.

Maya was recommended for the position after the Judicial Service Commission (JSC) interviews were wrapped up on Friday.

She was one of four candidates to be interviewed. The other three were acting chief justice Raymond Zondo, Constitutional Court justice Mbuyiseli Madlanga and Gauteng judge president Dunstan Mlambo.

Weighing in on the recommendation, Madonsela pointed out the decision on who would be the next chief justice would be made by the president, and he is not bound by the recommendation.

She added that appointing a chief justice is different to appointing a Supreme Court of Appeal president.

“As we congratulate SCA president Maya on the JSC recommendation, let us bear in mind that section 174(3) of the constitution says the president appoints the chief justice after consulting the JSC and leaders of political parties represented in the National Assembly,” she said.

“According to section 174(3) of the constitution, it is only when appointing the SCA president and deputy president that the president appoints after consulting the JSC only,” she added.

On social media many people, including the ATM’s Mzwanele Manyi, weighed in on Madonsela’s statement.

“It's very sad when African women are in the front line to undermine one of their own. The JSC was consulted and it is responding to that consultation. They could not in good conscience submit names of the two compromised candidates or the man left with three years,” said Manyi.

Here is a snapshot of what others had to say: