The Judicial Service Commission (JSC) has recommended a Zimbabwean-born lawyer, Tapiwa Gandidze, for the Labour Court bench, leaving two vacancies still unfilled.
Tapiwa Gandidze: A Zimbabwean-Born Legal Expert
Gandidze, a South African citizen, was the only candidate to be successful for the Labour Court position. In addition, Judge Leicester Adams, the sole candidate interviewed for the Electoral Court, was also recommended. This marks Adams’s third attempt at securing the appointment, according to EWN.
The committee will now submit these names to President Cyril Ramaphosa for final approval.
Candidate questioned about her Citizenship
South African law does not require judges to be citizens, except for those appointed to the Constitutional Court. However, during Gandidze’s interview, Chief Justice Mandisa Maya inquired about her citizenship.
“You mentioned that you were born in Zimbabwe and just to make sure that we comply with the Constitution, you are a South African citizen?”
Tapiwa: “I am.”
Maya: “When did you acquire that citizenship?”
Replied Tapiwa: “[In] 2016, 2017.”
Tapiwa Gandidze’s Approach to Cases Involving Foreign Nationals
During her interview, Gandidze was asked about her experience handling cases involving foreign nationals. She responded: “I am not aware of any matter that I have worked on where there were foreign nationals involved. Maybe they were, but if the papers do not refer to the fact that they are foreign nationals, I have no way of knowing. When I sit as a judge, whether you are a South African or a foreign national, I am just applying the law. I look at the facts and I apply the law to the fact.”
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