The Judicial Service Commission (JSC) has opted for an outsider in respected appellate court judge Nolwazi Mabindla-Boqwana to head the Western Cape division of the court, aptly described by the chief justice as “notoriously troubled”.
The decision came after a long day of interviews with six candidates that laid bare strife at the court, which was headed by John Hlophe until his suspension and eventual impeachment.
It began with a bruising three-hour interview with his former deputy Patricia Goliath in which her leadership style and her efforts to right the division came under scrutiny and clearly left commissioners dissatisfied.
Chief Justice Mandisa Maya expressed dismay when it emerged during the second interview of the day, with Judge Andre le Grange, that though he and Goliath had been acting as deputy judge president and judge president, respectively, they had opted to defer putting in place a long-term strategy for the division until the JSC appointed new leadership
“Whose decision was it to suspend fixing things until a permanent JP [judge president] is appointed when there are two people acting, and being paid the same amount as a permanent JP, and a permanent DJP, when there is one, will be paid to execute these duties for which you are appointed?
“Who took that decision to suspend the well-being of the division?” Maya asked.
Le Grange replied that he and Goliath had talked it over and reached that decision.
“To leave the court in limbo?” Maya asked.
Le Grange said that what was needed was dealing with “hard-core issues” and that it had been decided to leave this to the person who would ultimately be in charge of the division.
Mabindla-Boqwana told the commission she felt she had a vision for the division that could succeed in the long term and that she would be committed to staying the course to implement it.
Asked why she would opt to come to the Western Cape, rather than set her sights on the constitutional court, she replied that she wanted to go where she believed she was needed.
She started her career as a judge in this division in 2013 and joined the competition appeal court four years later. She was permanently appointed to the supreme court of appeal in 2022.
Mabindla-Boqwana has deep experience in human rights law, constitutional law and labour and competition law.
Judge Patrick Gamble, who represented the division in the interview on Monday, said he was concerned that her “impressive” jurisprudence would take a back seat to the administrative duties that came with being a judge president.
“I consider myself an all-rounder … I don’t see being a judge president as administration, in the sense of doing small things,” she replied.
“I see it as a broader thing, because this is a leadership position where you set the tone.”
This applied to jurisprudence too, she added.
It emerged during the interview that Maya had recently asked Mabindla-Boqwana to act at the apex court.
Her reply to commissioners on her future plans carried an echo of that of supreme court of appeal president Mahube Molemela in 2022 when she was interviewed for that position by the JSC.
Molemela said she was ready to retire there, should she be appointed, rather than seek promotion to the constitutional court.
