Deputy judge president of the Northern Cape High Court, Judge Violet Phatshoane has had to fight off assertions that her aspirations to join the Supreme Court of Appeal would mean a blow to female leadership in the High Courts.
Phatshoane, in her interview for a position at the SCA, emphasised her extensive experience, having served as Deputy Judge President since 2021 and acted in the position for six years prior.
The discussion primarily revolved around whether her transition to the SCA, as one of the few women in a leadership role at the High Court, would constitute a "setback."
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Phatshoane responded positively that her appointment to the higher court would add value to the judiciary and actually promote transformation, adding that there were other capable young women at the Northern Cape High Court who could step into her Deputy President position.
However, this response did not satisfy Justice Minister Ronald Lamola, and JSC Commissioner Thamsanqa Dodovu expressed concerns about the potential perception of "job hopping".
Phatshoane eventually told the commissioners that she had served in the role for six years and that it would not be fair for her to be "locked" in that role on the basis of being a female leader in the judiciary.
JSC Commissioner Tembeka Ngcukaitobi interjected, saying that the bigger problem was that there were not enough female judges.
Ngcukaitobi said that these kinds of binary discussions were not helpful and that her potential move to the SCA would drive transformation within the judiciary.
JSC Commissioner Carol Steinberg also added her voice to the discussion, expressing discomfort that the impression being created was that women judges in leadership positions must be held in posts to satisfy transformation goals.
While Chief Justice Raymond Zondo told Phatshoane that his questions stemmed from his concern for ensuring stability at the High Court and that he would have put the same questions to a male judge, Phatshoane said that Zondo's focus on stability in the Deputy President position may need to be something that the JSC addressed.
Twice a year, usually in April and October, the Judicial Service Commission (JSC) convenes for a week to interview prospective candidates for judicial appointments to the Superior Courts.
kailene.pillay@inl.co.za
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