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Chief Justice Mandisa Maya’s Historic Appointment
A New Era For The South African Judicary
By Jessie Taylor
This month, South Africa witnessed a pivotal moment in its judicial history as Justice Mandisa Maya officially became the country’s first female Chief Justice. This groundbreaking appointment marks a significant milestone for Maya and the nation as it advances gender equality within the judiciary.
A Trailblazer in The Judicary
Her appointment as Chief Justice follows decades of distinguished service, during which she made notable strides towards transforming the judiciary, particularly in closing the gender gap.
After serving as an advocate, Justice Maya’s was elevated to the bench in 1999 and became the first woman to hold the positions of Deputy President and President of the Supreme Court of Appeal (SCA). She has also been celebrated for her commitment to making South Africa’s legal system more accessible, as evidenced by her groundbreaking decision to deliver judgments in English and isiXhosa.
As Chief Justice, one of Maya’s immediate challenges will be to oversee the Judicial Service Commission’s upcoming round of interviews for 22 judicial vacancies across South Africa, including the Judge President of the Western Cape High Court.
Justice Maya’s leadership comes at a critical juncture for South Africa’s judiciary, which faces several significant challenges. These include a shortage of judges and magistrates, delays in finalising cases, and backlogs in courts nationwide.
As Chief Justice, she will be expected to lead efforts to improve the efficiency of court administration and ensure that the judiciary remains independent and resilient in the face of these obstacles. Justice Maya’s extensive experience and her previous role as a member of the JSC from 2017 to 2022 make her uniquely qualified to take on these challenges.
Her appointment as Chief Justice is a significant step forward in the quest for gender parity within South Africa’s judiciary. Throughout her career, she has been a vocal advocate for women’s rights and gender equality, both in her judgments and leadership roles. Her appointment sends a powerful message about the importance of representation and the need to continue pushing for gender balance at all levels of the judiciary.
As Justice Maya takes the reins of South Africa’s judiciary, her leadership will be crucial in addressing the systemic issues that have historically disadvantaged women. Her experience and commitment to gender equality position her as a role model for aspiring women judges and a champion for a more inclusive legal system.
Bringing Gender Equality To The Judicary
While significant progress has been made since the end of apartheid, there is still much work to be done to ensure that the judiciary reflects the gender and racial diversity of the nation.
At the start of South Africa’s democracy, South Africa’s judiciary was overwhelmingly dominated by white men. Out of 165 judges, 160 were white men, with only two white women and no black women serving as judges.
By February 2023, gender parity had improved significantly: of the 253 judges, 45% were women. This included 32% black women and 13% white women. Despite this progress, women remain underrepresented in key positions, particularly at the higher courts.
In the Constitutional Court, South Africa’s highest judicial authority, women make up only 37.5% of the judges, while the Supreme Court of Appeal has a slightly better representation at 47.8%. The High Court, where many critical decisions are made, sees women occupying 43.6% of the positions.
The journey toward achieving full gender parity in South Africa’s has many challenges, among which is the culture of patriarchy that still lingers today.
According to the South African Chapter of the International Association of Women Judges (SAC-IAWJ), one of the biggest challenges facing women in the judiciary is the prevalence of sexual harassment. The SAC-IAWJ has found that there is a lack of formal policies to address sexual harassment, which hampers the professional growth of women judges.
Beyond sexual harassment, other structural barriers also hinder the advancement of women in the judiciary. These include a lack of transparency in the hiring and promotion processes and the persistence of gender-based biases.
Despite the challenges, there are ongoing efforts to create a more inclusive and equitable judiciary in South Africa. These efforts are critical in dismantling the barriers that have historically kept women out of positions of power in the judiciary.
Justice Maya’s appointment is a historic moment that reflects the progress made in promoting gender equality within the judiciary. While there is still much work to be done, particularly at the higher courts, Maya’s leadership offers hope for a more inclusive and equitable future.
