Goliath out as JSC picks Mabindla-Boqwana to lead Western Cape bench

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The Judicial Service Commission (JSC) has recommended Supreme Court of Appeal justice Nolwazi Mabindla-Boqwana to replace impeached John Hlophe as Western Cape judge president.

The JSC is holding interviews which started last Monday, 7 October, to fill critical vacancies in the judiciary.

JSC WANTS MABINDLA-BOQWANA TO REPLACE JOHN HLOPHE

Mabindla-Boqwana was among candidates who were interviewed for the position on Monday, 14 October, including John Hlophe’s former deputy Patricia Goliath who is the current acting judge president and judge Daniel Thulare.

During the interview, chief justice Mandisa Maya asked Mabindla-Boqwana if writing judgements in indigenous languages is something she would enforce at the Western Cape High Court should she be appointed as judge president.

In her response, Mabindla-Boqwana stressed the importance of writing judgements in a language that people understand.

“I think there should be recognition that all 11 languages are constitutionally recognised and entrenched, and the promotion of language is important. So, I would definitely inculcate that and encourage us as much as possible to make sure that we write judgements in a language that people understand,” she said.

The South African previously reported that South Africa’s post-apartheid legal profession, through legislation and policy, adopted an English-only approach. English was further elevated when the heads of the courts adopted it as the only official language of record in 2017. But the country has 12 official languages, and the majority of citizens speak an African language as mother tongue while only 9.6% of the population speak English as a mother tongue.

According to Judges Matter, Judge Mabindla-Boqwana has a distinguished legal career that spans over two decades.

She has an extensive background in human rights, constitutional law, and competition law, and she has contributed significantly to the judiciary through her insightful judgments in various areas of law.

The 51-year-old started her judicial path with her appointment to the Western Cape High Court in 2013.

In 2017, she joined the Competition Appeal Court and acted at the Supreme Court of Appeal (SCA) from 2020 to 2021 before being appointed permanently to the SCA in 2022.

In addition to her judicial work, judge Mabindla-Boqwana has also contributed to legal scholarship, publishing articles in the South African Legal Journal on topics such as juvenile sentencing and the rights of prisoners of war.

DO YOU THINK THE PRESIDENT WILL AGREE WITH THE JSC THAT JUDGE MABINDLA-BOQWANA SHOULD REPLACE JOHN HLOPHE?

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