Soon-to-be chief justice Raymond Zondo, who assumes his new role on April 1, understands that he has little time as head of the judiciary and has set out the goals he seeks to achieve before his term expires when he retires in August 2024.
Among those goals there seems to be no thought as to how he will work with his proposed deputy, the current Supreme Court of Appeal president Mandisa Maya.
On Thursday, just a week before he officially becomes chief justice, Zondo held a media briefing. When asked which areas he would like Maya to help him in if she is appointed deputy chief justice, Zondo said he wouldn’t say then.
"But she certainly will play a very important role, he said. "I will have a discussion with her and I have absolutely no doubt she is going to make a very big contribution."
Zondo also said he and his colleagues would move swiftly to deal with challenges at the Constitutional Court, including clearing a backlog of outstanding judgments.
“When I look at what I want to achieve, I have to look at the time I have. I have to be realistic. I can’t be looking at something that will take 10 years when I will be there for a shorter period than that. I believe I will achieve the things I have identified as doable within this period.”
Zondo has sat on the apex bench since September 2012. By law, the term of an apex court judge is limited to a non-renewable 12 years or on reaching retirement age, whichever occurs first.
Zondo said his main goal was to finalise the achievement of the institutional independence of the judiciary, which started when the office of the chief justice was established about 10 years ago.
Another project he seeks to tackle is to help define the mandate of the Judicial Service Commission (JSC).
There have been concerns in the recent past about the way the JSC conducts its interviews. It does not have rules on regulating its procedures, which has sometimes led to interviews for judicial positions veering to questions not designed to determine the candidates’ suitability for the position.
This line of questioning happened during the February interviews for the position of chief justice, when Gauteng judge president Dunstan Mlambo was questioned about rumours of sexual harassment. The chair, judge Xola Petse, ruled that the questions be expunged from the record.
Zondo said that at the JSC’s meeting next month, members will discuss various issues, including the mandate of the JSC.
The independence of the judiciary is critical to sustaining our constitutional democracy
“The JSC decided in October there was a need for a meeting at which the JSC will interrogate and discuss intensely its mandate.”
Zondo said the deliberations would be about defining the mandate and the proper way of carrying it out.
“I am confident that discussion will be very constructive.”
On the plan for the completion of the institutional independence of the judiciary, Zondo said the process had begun between 2001 and 2011 during the time of former chief justice Sandile Ngcobo.
He said Ngcobo had set up a committee to look into the institutional independence of the judiciary and what type of independence it should have.
He said the committee had come up with a proposal for the establishment of what is now known as the office of the chief justice. The first phase is the establishment of this office as a national department within the public service to support the chief justice as head of the judiciary and head of the Constitutional Court.
However, Zondo said the two other phases of the institutional independence of the judiciary had not yet been achieved. The second phase entails the establishment of the the office of the chief justice as an independent entity.
The third phase provides for the establishment of a structure to provide for judicially led court administration.
“We need to go beyond and make sure all those phases are completed. If I could ensure that by the time my term of office ends the judiciary has attained that institutional independence, I would be very happy because the independence of the judiciary is critical to sustaining our constitutional democracy.”
Zondo described the challenges facing the Constitutional Court as pressing. There is logistical disarray and judgments are reserved for far too long.
“It is a matter that is receiving not only my attention but the attention of my colleagues. There are challenges in terms of certain judgments taking longer than they should, there have been challenges with regard to the speed with which we dispose of applications,” Zondo said.
He said he had indicated during the interview for the chief justice position in February that the apex court had put in place a new system which “seems to be working well to ensure that it disposes of applications relatively quickly”.
“We are looking at the issue of reserved judgments. I am confident that in due course we are going to sort out that problem as well. We accept that it is a legitimate criticism and we are dealing with it head on.”
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