The Judicial Service Commission has decided to advise President Cyril Ramaphosa not to appoint a Judge President at the KwaZulu-Natal High Court Division at this stage.
Deputy Judge President of the Division Isaac Madondo was interviewed for the vacant position.
During the interview, Madondo faced tough questions about comments he made about homosexuality in a book he has written.
JSC Commissioner Narend Singh first raised the question during the interview. “And one of the things you argued there that homosexual are and I’m quoting ‘are clinging onto their perversion” close quote and there is nothing to change them. And you take issues with the growing intolerance of sexuality in society. Now that comes from your book. Now in a senior position as JP, do you not think that those comments may be construed as homophobic and affront as to what is contained in our Constitution.”
In response to Singh, Madondo indicated that the issue related to a debate on whether sexuality was God’s creation, saying he was quoting from the Bible.
“It’s not my personal view or personal belief but it emanates and is based on the interpretation of the Bible and if you look above, what you are saying, that’s where I express the amazement of the severity of the punishment that should be meted out. And I clearly indicated that in this time of grace, nobody is or should be put to death. Because according to what God says in Leviticus 18 verse 23: those people who are found be engaged in that activity should be put to death.”
“So then I explain that nowadays that could not happen because we have a grace of God by sending Jesus to us that even when we sin we should not be killed. So then I explain that nowadays that could not happen because we have a grace of God by sending Jesus to us that even when we sin we should not be killed but we should be preached to if we accept then we will be saved. And it is not only for homosexuals but everybody who wants to obey God,” Madondo said.
‘Personal conclusion’
Another Commissioner Kameshni Pillay who said she read the whole chapter in his book stood firm that Madondo made a personal conclusion about homosexuality.
“What you do in that chapter is you deal correctly as you say with your references to certain scriptures, but the Chapter is littered with your own commentary. Very clear conclusion by you at the end of that in which you describe homosexuality, in your view, as a crime and a perversion. And what you are saying is that unless they quit clinging to this perversion, no amount of clear scripture will convert or correct them. Now it’s a very strong note of homophobia that comes through your chapter. “
The JSC went into deliberations and later made the announcement that no appointment is recommended by the commission at this stage.
JSC Co-Spokesperson Doris Tshepe addressed the media briefly. “The Judicial Service Commission held interviews this morning for the position of the Judge President of the KwaZulu-Natal Division of the High Court. One candidate was interviewed. Following the interview and deliberations, the Judicial Service Commission took a decision to advise the President not to appoint any Judge to the position of JP at this stage.”
While Madondo is a nominee for the vacancy of Judge President, he is also currently acting in the same position.
Live proceedings of today’s interviews:
