Ngcukaitobi was not satisfied.
“Obviously you do not need to be friends, but it is worrisome that there is this level of disagreement between the two of you. It's either you have made a false claim in saying you are the de facto ADJP or your [comprehension] of what you do is not the same as hers, which would be a more neutral way of putting it.
“But it does appear that your relationship is not as positive as you suggest, otherwise the two of you would be singing from the same hymn sheet at this point.”
Mankge said: “What I can say is that on serious issues that have to do with justice I know we have one mind. I am certain. Commissioner Ngcukaitobi, you do not have a reason to worry, I know the JP’s work ethic.
“I am not her friend, we are colleagues who have a shared work vision. That much I know, she can at least admit to that. I have been working closely with her for the past three years. There will be no problem.”
Maya said she had the same concerns as Ngcukaitobi.
“I have the exact same impression that he seems to have of your relationship with the JP. It’s palpable to anyone in this room that there is something not quite right. Maybe I should let it go.”
Asked what the role of the deputy judge president is, Mankge said: “The role of the DJP is to support the JP like I have been doing. It is not only to support her in terms of work but now I am talking to sisterhood. I will support you and encourage you.”
Mankge impressed some of the judges by having no reserved judgments and a track record of delivering 200 judgments. She had been a high court judge since 2019 and spoke confidently about her belief in making courts accessible to poor areas, especially high courts.
On backlogs of criminal cases, which also affected some of her judgments, Mankge said the problem was not within the judge's control, pointing out delays caused by availability of legal representatives.
“I am now left with egg on my face because the private counsels are always not available during the recess periods. What I am comforted about is that in both those matters, the accused person is a sentenced criminal and the other matter the accused person is on bail. However, I am not saying the cases should not be dealt with speedily. If we can have a continuous roll that would be of assistance.”
Mankge was a prosecutor and a magistrate for seven and nine years, respectively.
After deliberations, Mankge was not recommended. The committee recommended that the acting DJP, judge Takalani Ratshibvumo, be appointed.
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WATCH | Mpumalanga JP clashes with deputy candidate in JSC interview
Advocate Tembeka Ngcukaitobi raised concerns about Mankge and Mphahlele's working relationship
Image: Judiciary RSA/X
Judge Moira Thando Mankge’s interview for the Mpumalanga high court deputy president post started off with laughter but tensions between her and the court’s judge president, Segopotje Mphahlele, were soon laid bare during the Judicial Service Commission (JSC) interviews on Wednesday.
Mankge was the first of the two candidates to be interviewed.
The interview with chief justice Mandisa Maya started with a lighthearted conversation about Mankge's career and her thoughts on the challenges facing the judiciary.
Her exchange with Mphahlele was, however, different.
Mphahlele disputed an impression created by Mankge in her presentation regarding her not getting an opportunity to become an acting deputy judge president (ADJP) while two male judges, Brian Mashile and Takalani Ratshibvumo, occupied the post. This was a point Maya had asked about.
“I want to deal with the opening of your presentation on the lack of acting experience. You say ‘I later raised my hand in October 2023 when the senior judge was recommended to the position.’ You will recall that I issued a letter to all permanent judges at the division [Middelburg high court] inviting them, and you were one of those who indicated interest. In August, you sent your withdrawal.”
Mankge said she had initially withdrawn because Mashile, senior to her, had raised his hand for the position. She, however, said she had made herself available in case of a rotation appointment for the acting position. Mphahlele said her understanding was that Mankge was not available as long as Mashile wanted to act in the position.
The judge president further disagreed with Mankge that acting deputy judge presidents, judges Shane Kgoele and Ratshibvumo, barely sat at the Middelburg high court and at times she managed the court alone. Ratshibvumo is also vying for the deputy judge president post.
“I quote: ’I want to point out that the colleagues who have acted in the DJP post have not done so at Middelburg but were always at the main city.’ I just want to take you step back judge Mankge, that judge Kgoele and judge Ratshibvumo they sat at Middelburg during their acting stint.
“I scheduled them to be on the roll in Middelburg and the only judge who never came to Middelburg is judge Mashile. Over and above that, I am in Middelburg every second week. I am amazed by the statement that the DJPs were never in Middelburg.”
Mankge acknowledged Kgoele and Ratshibvumo went to the court but argued that this was not often.
“They did not sit in Middelburg for long. They left me in Middelburg to run the division in your absence. The roll might say they were there at some stage, and I agree, but if you check the number of days it's the ones appearing on my presentation.”
Mphahlele disagreed that Mankge ran the Middelburg division alone when asked directly by Maya.
“There was no such arrangement for her to run the division,” Mphahlele said.
Advocate Tembeka Ngcukaitobi raised his concerns about Mankge and Mphahlele's working relationship.
“This point about your relationship with the JP [judge president], I am not sure if I understand it correctly. One of your selling points is that since the JP was appointed you have been de facto ADJP placed in Middelburg, is that correct? But the JP disputes that. I am confused.
“We are now supposed to send you for a decade to work together but you are starting off on the wrong foot, where there is a material disagreement of the facts between the two of you. What is going on?” Ngcukaitobi asked.
Mankge responded: “I am not sure why it is being disputed but I can tell you that I am there every day. When JP is not there most of the time there is no ADJP. In fact, I took it upon myself to say ‘let's not bother the JP on matters that I can assist her with. She has a lot on her plate so let her not be disturbed.’
“That is what is happening but as to why she is disputing it today, I do not know but I will respect her decision. But I want to state that there are no problems whatsoever between the two of us, from my point of view.”
Ngcukaitobi was not satisfied.
“Obviously you do not need to be friends, but it is worrisome that there is this level of disagreement between the two of you. It's either you have made a false claim in saying you are the de facto ADJP or your [comprehension] of what you do is not the same as hers, which would be a more neutral way of putting it.
“But it does appear that your relationship is not as positive as you suggest, otherwise the two of you would be singing from the same hymn sheet at this point.”
Mankge said: “What I can say is that on serious issues that have to do with justice I know we have one mind. I am certain. Commissioner Ngcukaitobi, you do not have a reason to worry, I know the JP’s work ethic.
“I am not her friend, we are colleagues who have a shared work vision. That much I know, she can at least admit to that. I have been working closely with her for the past three years. There will be no problem.”
Maya said she had the same concerns as Ngcukaitobi.
“I have the exact same impression that he seems to have of your relationship with the JP. It’s palpable to anyone in this room that there is something not quite right. Maybe I should let it go.”
Asked what the role of the deputy judge president is, Mankge said: “The role of the DJP is to support the JP like I have been doing. It is not only to support her in terms of work but now I am talking to sisterhood. I will support you and encourage you.”
Mankge impressed some of the judges by having no reserved judgments and a track record of delivering 200 judgments. She had been a high court judge since 2019 and spoke confidently about her belief in making courts accessible to poor areas, especially high courts.
On backlogs of criminal cases, which also affected some of her judgments, Mankge said the problem was not within the judge's control, pointing out delays caused by availability of legal representatives.
“I am now left with egg on my face because the private counsels are always not available during the recess periods. What I am comforted about is that in both those matters, the accused person is a sentenced criminal and the other matter the accused person is on bail. However, I am not saying the cases should not be dealt with speedily. If we can have a continuous roll that would be of assistance.”
Mankge was a prosecutor and a magistrate for seven and nine years, respectively.
After deliberations, Mankge was not recommended. The committee recommended that the acting DJP, judge Takalani Ratshibvumo, be appointed.
TimesLIVE
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