Published on 30/07/2024
South Africa’s re-elected president Cyril Ramaphosa made history by appointing the nation’s first female Chief Justice. Since the role’s inception in 1910, it had always been held by men. Breaking barriers, the new Chief Justice had already paved the way by being the first woman in several high-ranking judicial roles. Her appointment marks a new era of gender equality in South Africa’s judiciary.
President Cyril Ramaphosa bypassed Judge Mandisa Maya, the first and only woman who had been nominated and recommended for the position in 2022. However, two years later, when Chief Justice Zondo reached compulsory retirement age, the nation seized the moment to appoint a woman, striding significantly toward gender parity in judicial leadership.
President Ramaphosa nominated Deputy Chief Justice Mandisa Maya as the only nominee. Following her interview before the Judicial Service Commission (JSC) in May 2024, the JSC recommended her appointment to the President. Chief Justice (CJ) Maya’s tenure starting in September 2024 is anticipated to be for ten years, ending in 2034.
Africa holds the number one position as the continent with the most women as Chief Justices and presidents of constitutional courts. In their study of the emerging trend of female chief justices across the continent, Dawuni & Kang (2015) provided five primary explanations: a country’s legal system, the selection procedure, gatekeepers’ commitment levels, the aftermath effect of a major armed conflict and regional diffusion.
South Africa’s lag behind the rise of female chief justices has been associated with one of the five explanations by Dawuni & Kang – the lack of commitment of the institutional gatekeepers (the Presidency and the JSC). However, by the processes leading to CJ Maya’s appointment – it appears the political will and commitment of the gatekeepers are slowly opening up to the gender parity agenda in the judiciary’s leadership.
During her time as a Deputy Chief Justice, Judge Maya led the drafting of the judiciary’s anti-sexual harassment policy. A study by the Institute for African Women in Law (IAWL) on women in law and leadership in South Africa showed that women, including female judges, are often the victims of sexual harassment in the workplace.
Sexual harassment creates a toxic work environment that hampers women’s pursuit of leadership. Therefore, CJ Maya’s policy initiative is significant and laudable. It demonstrates her gender-driven vision, which we hope will continue manifesting during her tenure as the head of South Africa’s judiciary.
CJ Maya’s appointment has not only broken the glass ceiling for women in the judiciary but has also served as an excellent antidote to the prevailing deputy syndrome within the judiciary’s leadership.
