KwaZulu-Natal acting judge president Isaac Madondo has rewritten a “homophobic” chapter in his book, so he can be more favourably considered for permanent appointment.
In April he was the sole candidate for the position but the Judicial Service Commission (JSC) did not recommend his appointment.
He submitted a fresh application and in the latest round of interviews he faces stiff opposition from two other candidates: acting deputy judge president Thoba Poyo-Dlwati and judge Esther Steyn.
While the JSC does not give reasons for its decisions, the death knell for Madondo was likely his statements in Revelation of God’s Truth and Plan, a book he self-published in 2019.
He wrote: “Until homosexuals quit wanting to cling to their perversion, no amount of clear scriptures on the subject will convert or correct them.”
The text became the subject of a barrage of questions by JSC commissioners, leading to one, Nosiviwe Mapisa-Nqakula, saying: “Judge, you are homophobic. In SA in 2022, it’s just unbelievable.”
Until homosexuals quit wanting to cling to their perversion, no amount of clear scriptures on the subject will convert or correct them
— Isaac Madondo in 'Revelation of God’s Truth and Plan'
He said he was not homophobic, and was just reflecting verses from the Bible and Christian views.
In his fresh job application, he again denied being homophobic, and said that as a victim of prejudice himself, he would never be prejudiced against any sector of society, including homosexuals.
“Objectively, however, I was obliged to acknowledge, perhaps, that it could sustain the view that my interviewers took. I never intended to offend anyone and if I did, I sincerely apologise. Accordingly I have rewritten that chapter and the book will no longer be sold in the form it was at the time of my April interview.”
He said as a further attempt to address the criticism — and the possibility that he may have some form of bias “which I was not aware of” — he had enrolled in a six-week course at the University of Cape Town, “Leading diversity and inclusion at work”, and had achieved “excellent results”.
Judicial watchdog Judges Matter has questioned Madondo’s nomination.
Co-ordinator Alison Tilley said: “We understand he has rewritten the chapter, but we feel that his attitude in the previous interviews was very intractable. We remain concerned. We would want to see clear evidence of his unequivocal commitment to constitutional values.”
Madondo retires next year.
Madondo, who studied with former chief justice Mogoeng Mogoeng and chief justice Raymond Zondo, said it would not be “advisable or acceptable” to comment ahead of the interviews, which are scheduled for October.
Judges in the division are split into three camps: those who support Madondo though he is considered a seat warmer; those who favour relative newcomer Poyo-Dlwati; and those who are backing Steyn, who has been on the bench since 2009.
Poyo-Dlwati, who turns 48 next month, was appointed in 2014. A source said Madondo was her mentor and had advanced her above other more senior judges, by appointing her as his acting deputy.
“I still don’t see how he will get around that book,” the source said.
“There is also little point in appointing him as he doesn’t have more than about 18 months until retirement.”
I think the general perception is that Madondo is showing his desperation. We hear he was distraught after his last interview
The source added that Poyo-Dlwati was “rather junior” but had a fan base, particularly among black women judges. It is generally felt that she has done a good job as acting deputy judge president.
The source said Steyn, known to be a tough, hard-working judge, had the support of “quite a few judges”.
Another source said Madondo’s imminent retirement would count against him.
“My sense is that Poyo-Dlwati has a lot of support. She is well-liked and regarded as being good at her job. She will make a good judge president, even in her own right without taking into account transformation.”
While the others were all nominated by outside organisations and individuals, Steyn was nominated by a colleague, judge Gregory Kruger, who was ousted from the position of acting deputy judge president this year by Madondo, who then gave Poyo-Dlwati the job.
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