Ramaphosa left with tricky choices as South Africa bungles Chief Justice appointment

RICHARD CALLAND|

AFTER a fraught and fractious week of public interviews that shed heat but little light on the four candidates eligible to become the next Chief Justice, South Africa’s Judicial Service Commission has recommended that President Cyril Ramaphosa appoint Mandisa Maya, who is currently the head of the Supreme Court of Appeal.

Legally, the President should ignore the recommendation. But politically, he probably can’t.

He should ignore the recommendation because the Judicial Service Commission made a number of very serious procedural mistakes that severely undermine the legitimacy and credibility of the appointment process. The commission is a constitutional body responsible for judicial appointments and accountability. It’s composed of a delicate balance of lawyers and politicians.

But, politically, he can’t ignore the recommendation on two grounds. Firstly, it would delay even further a process that’s been extended due to Ramaphosa opting for a wide-ranging consultation and shortlisting process. Secondly, he’d be refusing to accept a recommendation that would