Mandisa Maya to become SA’s first female chief justice

SA will have its first female chief justice after the presidency announced that deputy chief justice Mandisa Maya would succeed Raymond Zondo, who is set to retire at the end of the month after being the head of judiciary since 2022.

Maya, who previously headed SA’s second-highest court, the Supreme Court of Appeal (SCA), will officially assume her new role on September 1.

The chief justice is the head of the Constitutional Court and the judiciary. Duties include chairing the heads of court body, the national efficiency enhancement committee (a stakeholder liaison committee) and the Judicial Service Commission (JSC).

“The appointment follows [President Cyril Ramaphosa’s] consultation, in accordance with constitutional prescripts, with the JSC and the leaders of political parties represented in the National Assembly,” the presidency said in a statement late on Thursday.

Ramaphosa had long indicated his intention to nominate Maya to the chief justice position. As judicial watchdog Judges Matter notes: “The process for appointing the chief justice differs significantly, [giving] the president much more power than is the case in the appointment of other judges.

“[The] constitution provides that the president, as head of the national executive (which means with the support of cabinet), after consulting with the JSC and leaders of the political parties represented in the National Assembly, ‘appoints the chief justice’.”

Ramaphosa, however, has opted for transparency, having now requested two JSC hearings for the position: the first that led to Zondo’s appointment in 2022 and the second, in May this year, that led to Maya’s upcoming appointment. Unlike Zondo’s hearing, she was the only candidate for the position.

Notably, despite the JSC recommending Maya to the chief justice position both times, Ramaphosa opted for Zondo as chief justice and Maya his deputy in 2022. Legal observers had speculated that since Zondo was set to retire in 2024, by having Maya as deputy would give her time to prepare for the top position.

“The JSC assured the president of justice Maya’s suitability to lead the judiciary in the country based on the interview, justice Maya’s qualifications and judicial record, her leadership qualities, her experience as a judge in various courts, her past leadership of the Supreme Court of Appeal and her role as deputy chief justice in the period leading to her nomination by the president,” the presidency noted in its statement.

moosat@businesslive.co.za