The appointment of 8 women as judges out of 12 appointments (66.6%), gives us hope for a South africa that truly belongs to all
Transformation of the judiciary is part of the broader transformation agenda of the South African democratic government as envisaged in the Constitution of the Republic of South Africa, 1996 (the Constitution) and the Freedom Charter. One of the primary aims of the transformation of the judiciary is to ensure that judicial personnel reflected the demographic composition of society more accurately as guaranteed by section 174(2) of the Constitution.
It is ninety two (92) years since the Women Legal Practitioners Act was passed in 1923, allowing women to practice as attorneys and as advocates in South Africa. Until then, a woman was not prohibited from having her articles of clerkship registered with legal authorities; therefore women could not practice as an attorney. Constance Mary Hall was the first woman to be admitted as an attorney in South Africa immediately after the passing of the Women Legal Practitioners Act in 1923. Though there was no law that prohibited Black women from being admitted, the apartheid system did prohibit Black women from being admitted as attorneys, until 1967 when Desiree Mamsie Finca was admitted as an attorney in 1967. Retired Judge Leonora van den Heever was the first women to be admitted as an advocate to the Free State Bar in early 1952 while Advocate Nono Gosa was appointed in 1967. In 1994, when the democratic dispensation kicked in, there were only 2 white women in the judiciary, which was below zero percent.
A lot of significant changes have occurred in the judicial system including the judiciary, since 1994. Some of these have translated into increased opportunities for women in the judiciary and consequently, a reduction of the opportunity gap between men and women. Today there are two women Judge Presidents and two women Deputy Judge Presidents, and women constitute more than 30% of the judiciary.
The late Chief Justice Arthur Chaskalson said in his presentation on the Role of the Judiciary in Translating Human Rights into Practice at the Eighth Judicial Colloquium on the Domestic Application of International Human Rights Norms:
“The role of the judiciary in translating human rights law into practice is not a subject which can be addressed in abstract. It is to a large extent determined by the laws, the legal culture and conditions of life existing in the country in which a judge holds office”
This is also true in this regard; transformation of the judiciary is to a large extent determined by the laws, the legal culture and conditions in South Africa. The law and culture as created by Constitution which also deals with the question of equality (which contains gender equality) including, the promotion of its achievement through legislative and other measures designed to protect or advance persons or categories of persons, disadvantaged by unfair discrimination, in Section 9. Therefore the promotion of gender equality is a Constitutional imperative of which the JSC, the judiciary and the legal profession should comply with as provided in s 2, Supremacy of Constitution which states that: “This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.”
I welcome the appointment of Justice Nonkosi Zoliswa Mhlantla as a judge of the Constitutional Court with effect from December 1 by H.E. President Jacob Zuma, though more women still need to be appointed at this court. I also applaud the appointment of eight women as judges out of twelve appointments (66.6%), to serve on various High and Labour Courts by H.E. President Jacob Zuma. The women appointed as High Court judges are:
1. The Eastern Cape Local Division of the High Court, Mthatha (One vacancy)
- Honourable Justice Zamani Mswazi Nhlangulela as Deputy Judge President;
2. The Free State Division of the High Court, Bloemfontein; (Two vacancies)
- Ms Martha Mbhele
- Advocate Celeste Reinders
3. Gauteng Division of the High Court; (Six vacancies)
- Ms Nelisa Phiwokazi Mali;
- Advocate Raylene May Keightley;
- Lebogang Temperance Modiba;
- Honourable Madam Justice Annali Christelle Basson from the Labour Court, as Judge of the Gauteng Division of the High Court, Pretoria;
4. The Northern Cape Division of the High Court, Kimberley
- Ms Mpho Catherine Mamosebo;
5. The Labour Court
- Advocate Christina Prinsloo,
I would like to take this opportunity to commend H.E. President Jacob Zuma, the Judicial Service Commission (JSC) and the National Economic Development and Labour Council (NEDLAC) for the recommendations and appointment of eight women out of twelve.
Enquiries:
Charlotte Lobe
Cell: 076 213 9941
E-mail: charlotte.lobe@women.gov.za
Sixolise Gcilishe
Cell: 082 429 1923
E-mail: sixolise.gcilishe@women.gov.za
