SCA judge Dambuza-Mayosi hopes to 'add more value" to Concourt

SUPREME Court of Appeal (SCA) Judge Nambitha Dambuza-Mayosi who is vying for one of the Constitutional Court vacant posts believes her current post will enable her to add more value to the country’s apex court. 

She made the remarks when the Judicial Service Commission (JSC) started with its interviews to fill various vacancies in the superior courts across the country.

Dambuza-Mayosi was the first of the six candidates to take the hot seat, and her interview lasted for nearly three hours.

She has been in private practice for 12 years and has been a judge since 2005. She acted for 12 months at the Constitutional Court before she took up office as a justice at the SCA.

Dambuza-Mayosi told the panel, headed by Chief Justice Mandisa Maya, that she opted to go to the SCA rather than remain at the Concourt at that stage, as she thought it would be beneficial to her career.

“Going straight to the Constitutional Court after being a judge (in the High Court) was a bit of a culture shock to me.”

She explained that working at the apex court alongside 10 other justices and the level of intrusion in the writing of judgments alongside them necessitated her getting a bit more experience.

“I thought that with good training (at the SCA) before going to the Constitutional Court, I would be a better judge and would be able to add more value.”

She has been at the SCA for about 11 years but returned this year to the Concourt to again do a stint as an acting judge.

Justice Dambuza-Mayosi said this time around, she was much more confident in the apex court, as she knew what to expect.

She told the panel that she has vast legal experience and her passion is especially for commercial and environmental law.

Asked about her feelings regarding some criticism regarding the independence of the judiciary, she said, judging by the continuous flow of cases to our courts, people still believe in the judiciary.

“I think the statement that there is no trust in the judiciary is incorrect,” she said.

In response to a question by one of the commissioners, Advocate Tembeka Ngcukaitobi, regarding her feelings on judgments being delayed by some judges, Justice Dambuza-Mayosi ascribed this to a lack of resources.

She pointed out that up to now in the SCA, about 27 justices had to share seven researchers. But from next term, this court will have 17 researchers. In the Concourt, there are about three researchers for every two justices.

Following a question by Chief Justice Maya about the strong push from some linguistic communities to have English only as a language in superior courts and whether it will be feasible to also accommodate other languages, Justice Dambuza-Mayosi said indigenous languages should and can be introduced.

She pointed to a lack of resources to do so, but suggested small steps where one other language can be introduced on a regional level.

Chief Justice Maya said the language issue is something that can hopefully be discussed at the judges' conference next year.

Among the candidates was also Advocate Alan Dodson SC, who is facing the panel for the fifth time in a bid to get a seat on the apex court.

He has a legal career of 40 years. He did several stints previously as an acting judge in the ConCourt and was a judge at the Land Claims Court for five years. He also acted as a judge in the Johannesburg High Court.

During the debate over land expropriation without compensation, he was appointed as a member of the Minister of Justice’s reference group on land restitution.

In 2022, he was recommended by the JSC for appointment to the Constitutional Court, but he did not make the cut.

The interviews continue.   

Cape Times            .