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Chief Justice Maya Calls Out Attorney for ‘Disrespectful’ Remark During JSC Interviews
The Judicial Service Commission (JSC) hearings in Cape Town, usually a sober display of South Africa’s judicial temperament, took an uncomfortable turn this week when Chief Justice Mandisa Maya interrupted an attorney mid-sentence for using a dismissive phrase to describe a woman who had lodged a complaint against him.
Attorney Malizo Gwagwa, appearing before the panel as the first candidate for a vacancy in the KwaZulu-Natal Division of the High Court, referred to the complainant as “that woman.” The phrase drew a sharp rebuke from Chief Justice Maya, who reminded him that a judge should demonstrate respect and impartiality at all times, even in speech.
A Moment That Stopped the Room
“Mr Gwagwa,” Maya said, visibly displeased, “you could have referred to her in a more respectful manner.”
The exchange briefly froze the room, serving as a reminder that words, even unintended ones, carry weight in a setting where integrity, respect, and temperament are under scrutiny.
Gwagwa apologised, explaining that he simply could not recall the complainant’s name. “I did not mean it in a disrespectful way,” he said, insisting he respected women deeply.
But the moment had already set the tone for what became a tense session.
Old Allegations Resurface
Gwagwa’s interview took another complicated turn when Minister of Justice and Constitutional Development Mmamoloko Kubayi pressed him about a previous court suspension from legal practice.
The panel revealed that Gwagwa had failed to disclose this suspension in his application to the JSC, a serious omission. The matter stemmed from a complaint to the Legal Practice Council (LPC) made by the same woman he had referred to earlier, who alleged irregularities in how he handled her late sister’s estate.
According to the JSC record, Gwagwa ignored correspondence from the LPC, leading the council to seek a court order suspending him from practice. Though he later challenged the ruling, the court upheld the suspension.
Gwagwa told the panel that the issue had been resolved and that his suspension was lifted more than four years ago. “Suspension does not mean guilt,” he said, maintaining that he was now in good standing and had not committed any wrongdoing in the estate matter.
Personal Finances and Professional Integrity
The questioning didn’t end there. Commissioners also raised concerns about Gwagwa’s financial history, asking whether he was applying to the Bench for stability rather than service.
He replied candidly: “I am not bankrupt.” Gwagwa explained that he had sold his home to pay off debts, adding that he sought the judicial post to contribute meaningfully to the justice system, not for personal relief.
A Tough Crowd, Tougher Standards
The JSC, which convenes twice a year in April and October, is currently interviewing candidates to fill vacancies in superior courts across South Africa. In the KwaZulu-Natal division alone, seven candidates, including attorneys, advocates, and a magistrate, are competing for five open seats.
Beyond KwaZulu-Natal, deliberations have been equally rigorous. After interviewing seven candidates for a single position in the Supreme Court of Appeal (SCA), the JSC decided not to make a recommendation to President Cyril Ramaphosa, as the required majority vote could not be reached. The position will be re-advertised next year.
Judicial Decorum Under the Spotlight
For many observers, Maya’s intervention symbolised more than just courtroom etiquette; it underscored a broader shift within the judiciary toward accountability, transparency, and respect.
The Chief Justice’s calm but firm correction served as a reminder that the qualities sought in a judge extend far beyond legal knowledge. They include humility, patience, and an awareness of how words reflect one’s regard for the people who come before the court.
In a country still rebuilding trust in its institutions, such moments of principle resonate far beyond the interview room.
Also read: Inside the R820 Million Sandton Mansion Raid That Shook South Africa
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Source: IOL
Featured Image: Polity.org
