The recent resignation of uMkhonto weSizwe parliamentary leader, Dr John Hlophe, has not hindered the work of the Judicial Service Commission (JSC) which on Tuesday recommended two candidates for the positions in the Land Court and the Labour and Labour Appeals Court.
With EFF leader and JSC commissioner Julius Malema returning to the interviews after missing the first day on Monday, day two of the interviews culminated in a significant recommendation for the role of Deputy Judge President of the Land Court.
The commission, following thorough deliberations, has suggested the appointment of Judge Susannah Cowen, a respected figure in the South African judiciary.
Judge Cowen was among a competitive pool of candidates considered for the role, which included Judge Muzikawakhelwana Thomas Ncube of the KwaZulu-Natal High Court, Gauteng High Court Judge Shanaaz Mia, and Judge Edwin Mogomotsi Molahlehi, among others.
The JSC officially declared that it “has concluded the interviews for Deputy Judge President of the Land Court. Following its deliberations, the commission has recommended the appointment of Judge S Cowen.”
During Cowen’s interview, Malema posed pivotal questions, particularly delving into constitutional concerns on land custody bills and scrutinising the status of reserved judgments.
The judge responded to Malema’s queries with transparency, confirming: “There was confusion over the number of reserved judgments. But all of them have been cleared. The correct number of judgments was seven at the time, but as I sit here now, none of them are outstanding, with only one new reserved judgment still within its three-month period.”
Judge Cowen boasts an impressive legal background, having practised as an advocate for two decades across both the Cape and Johannesburg bars before attaining senior counsel status in 2018.
Her expertise lies predominantly in constitutional and administrative law, with a significant focus on land and property law. Additionally, she previously directed the Constitutional Litigation Unit at the Legal Resources Centre.
Among her notable contributions as a judge of the Land Claims Court, Cowen has authored various landmark judgments, including the pivotal decision regarding the Mahosini Royal Family.
In that case, she determined that the forced merging of tribal entities under the racially discriminatory Black Administration Act 38 of 1927 led to the unlawful dispossession of land rights. This particular ruling has been celebrated for affording the Mahosini Royal Family protection under section 25(6), entitling them to restitution or equitable redress for their lost lands following the establishment of the Gazankulu bantustan in Limpopo.
The recommendation of Judge Cowen’s appointment has been met with widespread approval, including commendation from Judges Matter after the commission’s deliberations.
In addition to the recommendation for the Land Court, the JSC also endorsed the appointment of Deputy Judge President Molahlehi for the role of Judge President of the Labour and Labour Appeal Court, stating: “Following interviews and deliberations, the Commission has resolved to recommend Deputy Judge President M E Molahlehi for the position of Judge President of the Labour and Labour Appeal Court.”
However, no candidates were recommended for the Eastern Cape division of the High Court.
The Star
siyabonga.sithole@inl.co.za