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JSC interviews: I want a court that would run like a well-oiled machine - Mbuyiseli Madlanga

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Mbuyiseli Madlanga.
Mbuyiseli Madlanga.
Craig Nieuwenhuizen
  • Justice Mbuyiseli Madlanga says he wants a court that will "run like a well-oiled machine". 
  • Madlanga is the first person to be interviewed for the position of chief justice.  
  • He disagreed his potential term as chief justice will be short.  

Justice Mbuyiseli Madlanga, who is vying for the chief justice post, told the Judicial Service Commission (JSC) his vision is to lead a Constitutional Court that will "run like a well-oiled machine".

And with just three years and six months left to serve in the apex court, Madlanga disagreed his potential term as chief justice would be short.

"I disagree the term is short; leadership requires a visionary," he said during his interview on Tuesday afternoon.

Madlanga was the first person to be interviewed for the position.

He admitted the apex court faced challenges, which includes delays in hearing or handing down judgments.

This, Madlanga said, would change, adding he had suggested judgments should be delivered within four or six months after a hearing.

"We do have problems - I would want to see a Madlanga Court that is elevated to a level where the criticisms would be a thing of the past. There can never be a point at which there can never be criticism. I want a court that would run like a well-oiled machine." 

READ | JSC interviews: Chief Justice should lead from the front, says candidate Justice Madlanga

Asked by commissioner Doris Tshepe if he believed criticism about the quality of Constitutional Court judgments was valid, Madlanga mentioned some criticisms levelled against one of his rulings by an academic, who said: "We couldn't even care to think.

"Yes, we make mistakes, but to then say we cannot think that is just gratuitous insults," he said.

"For as long as we are human beings, we are fallible like everybody else. In all jurisdictions, one can never say courts never get it wrong."

Commissioner Mvuso Notyesi asked Madlanga to address the issue of judges holding a press conference to "respond to political talks or statements which they perceive to be [an] attack".

He said there might be times when the head of the judiciary must respond.

Media

Madlanga emphasised this did not mean he was advocating for a situation where the judiciary ran to the media all the time, but "there will be the odd occasion where that may be necessary".

Last month, acting Chief Justice Raymond Zondo called a media briefing to respond to an opinion piece penned by Tourism Minister Lindiwe Sisulu.

Sisulu had argued racist agendas control the justice system.

She questioned the Constitution and whether it had done enough to deal with structural issues brought about by apartheid, News24 reported.  

ALSO READ | Ramaphosa will make final call on Chief Justice, no matter how messy JSC interviews get

But Zondo hit back, saying Sisulu's utterance lacked substance and analysis and insulted the judiciary, particularly black judges.

"People can intimidate, insult us, but we will not deviate from doing our job in accordance with our oath of office. If that hurts certain people so, be it," he added.


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