The recommendation of Supreme Court of Appeal (SCA) Judge Nolwazi Mabindla-Boqwana for Judge President of the Western Cape High Court has been widely supported by professional bodies with some saying her possible appointment from outside the troubled division would bring much-needed stability and unity.
Judge Mabindla-Boqwana’s name was put forward to become the next Western Cape Judge President after the Judicial Service Commission (JSC) resolved on Monday night, following 12-hours of interviews with seven judges, to recommend her for the position left vacant by impeached judge John Hlophe.
Despite the two objections against her nomination that were dismissed, the interviews heard that all professional bodies support her candidature and spoke highly of her.
The General Council of the Bar of South Africa had high regard for her reputation, integrity and ethical behaviour.
Black Lawyers’ Association president Nkosana Mvundlela said they were comfortable that Judge Mabindla-Boqwana was able to go through the JSC interviews.
Mvundlela said her appointment would mean the Western Cape division would be led by someone with the required seniority and the level of exposure from the SCA.
“We believe it would be in the best interest of that division to be led by her.
We congratulate her recommendation,” he said.
The 51-year-old has been a judge in the SCA for four years after serving in the Western Cape division for seven years.
She was previously offered a leadership position at the Competition Court but chose the SCA, and has again an opportunity to act in the Constitutional Court but decided to go back to the high court.
When Chief Justice Mandisa Maya asked her why a justice doing well in the SCA would want to go back to the high court, Judge Mabindla-Boqwana said she was nominated for the job.
“The approach came to me as a surprise because I was still minding my business, doing my work and being comfortable on the SCA, but I took to heart the confidence that was shown to me by those that nominated me.
“I reflected on it that they saw something in me at this moment in time, ‘you have something we think can be valuable for you to contribute to the Western Cape division of the high court’,” she said.
Mvundlela said it took courage for her to move from the SCA back to the high court when her decisions stand to be reviewed by the higher court.
“It tells you... of a person who appreciates the role she is going to play,” he said.
“We expect all her colleagues to support her for multiple reasons, including the fact that she is coming from the outside, the SCA. She is currently...not a local judge that was sitting there throughout the other challenge in the division.
“Our understanding is that she is a breath of fresh air. She will add value and also bring in the necessary stability which is required in that court,” Mvundlela said.
GOOD Party party secretary-general Brett Herron welcomed the JSC’s recommendation, saying the stability and integrity of the Western Cape High Court was of critical importance as it is a regular first port of call for litigation involving Parliament and legislative procedure. He said the fact that she was willing to accept a demotion from the SCA to head a provincial division of the high court was a strong indication of her commitment to justice in the Western Cape.
“Judge Mabindla-Boqwana’s appointment from outside the division would signal a return to order in the Western Cape following an extended period of instability that has tarnished its reputation and integrity,” he said.
Judge Mabindla-Boqwana told the JSC interview that she was not worried if she were to go back to the high court division and face possible resistance and resentment.
“I am not new to the court. I know all the colleagues in the court, in fact, even those appointed after me. I had occasion to interact with them on a personal level.”
She stated that most of the colleagues had assured her that they were behind her and would support her.
“I know there would be no resentment whatsoever when I go back to the court.
“I don’t think they see me as an outsider.
“As a person who has been outside court and now comes in, I will be bringing a fresh perspective and the way of seeing things in a new way because I am not too close to things happening there.”
Spelling out her vision for the Western Cape High Court Division if appointed, Judge Mabindla-Boqwana said this was to ensure that they served the litigants and the public as per their constitutional mandate.
“This means working to cut backlogs, making court processes easier, continuing to make court accessible and improving the court experience for its users.
“I want to enhance the culture of collaboration, collegiality, openness, accessibility and efficiency. It is to contribute to make that court united and transformed which will provide quality justice to the people of the Western Cape.”
Cape Times