Transformation

Transformation in the Judiciary: Female Judges to be interviewed for top job in S.A’s highest court

July 11, 2015  |  by admin  |  in Blog, In The NewsNo Comments

The Judicial Service Commission (JSC) has shortlisted four female Judges for a position on the bench of the Constitutional Court of South Africa. The shortlisted candidates are:

  • Justice Zukisa Laura Lumka Tshiqi (Supreme Court of Appeal)
  • Justice Nonkosi Zoliswa Mhlantla (Supreme Court of Appeal)
  • Judge Dhayanithie Pillay (KZN High Court) and
  • Justice Leona Valerie Theron (Supreme Court of Appeal)

The coveted, prominent vacancy in the Constitutional Court was left open when Justice Thembile Skweyiya retired in May last year.

Constitutional Court

For the City Press publication, Journalist, Tabeth Masengu sums it up well in her 5th July article on the interviewees for City Press’s Voices: “The women being interviewed defeat these critics as they prove that black South Africans and women are as competent and capable as the white male counterparts.“

Tabeth certainly makes the case for transformation and gender equality in the above quote, these interviews also goes with our gender theme this month and should remain a central theme in our young democracy in attaining and achieving our transformation goals.

Section 174 of the Constitution provides for the “Appointment of Judicial Officers” #KnowYourConstitution, s 174 (2) sets the tone for transformation by providing the following: “the need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed.”

All the shortlisted candidates are highly accomplished women in their own right, there are no doubts that the JSC will have a hard time selecting their candidate from this rich, capable pool.

We wish the candidates the best in their interviews, the appointment of a female on the ConCourt’s bench will be a victory for all the women in South Africa and that is well worth celebrating.

First Constitutional Court Judges
First Constitutional Court Judges – Source: Council for the Advancement of the South African Constitution

Legal Transformation Goals

June 15, 2015  |  by admin  |  in Blog, In The NewsNo Comments

Minister Michael Masutha announced plans to the legislative framework to promote the usage of indigenous languages in court proceedings (published May 20th 2015).

The government released a discussion paper on the transformation of the legal profession, in the paper a few noteworthy points are highlighted. Namely:

  • Disadvantaged law graduates experience difficulty in entering the legal profession
    And establishing themselves as successful practitioners
  • Broad middle class of the South African society although not indigent, cannot afford the fees which practitioners charge.
  • The discussion paper goes on to raise the point that, the goal of transformation must be envisaged through, inter alia a legal profession which represents diversity of the South African society.

You can read up more on the discussion paper, and assess the points it raises as to why transformation in the legal profession is needed and the solutions it proposes, here:

With issues as those raised above, which some are a direct result of the education policies effected by the pre-democratic South African government, one can see that for transformation goals to be effected, it will take a collective effort.

The proposition of promoting the use of indigenous languages in court proceedings may be a step in the right direction, albeit still a framework which is in the works and not yet implemented – it sounds like a good plan. But the 1996 Constitution of the Republic of South Africa itself does promote the goals of a transformative society, perhaps given enough support structures and skills redistribution to the previously disadvantaged communities, the tide against an unbalanced legal profession can be decreased.

This shortage of skills within the legal profession prompted the legal education centre, to not only offer legal educative training programs – but also launch law clinics around South Africa (insert link). The goal of the legal education centre is to equip black legal professions, from historically disadvantaged parts of South Africa with the requisite legal skills in order for them to function, operate and thrive in the legal profession.

The above discussion is only a brief note on where transformation in terms of the legal profession is, with added insight from the legal discussion paper from the Department of Justice. There are undoubtedly more factors and issues at play, yet it is hoped that initiatives such as what Minister Masutha is proposing may be implemented to address the minimal transformation within the profession.

We will keep you posted on updates.