South Africa needs a constitution that focuses on transformative justice. This is according to Judge Glen Goosen.
Goosen is being interviewed by the Judicial Service Commission at the Marriott Hotel in Johannesburg.
The JSC is conducting interviews to fill five vacancies in the Supreme Court of Appeal.
Goosen is hailed as someone who is “dedicated to fighting injustice” demonstrated through judgments such as Madzodzo v Minister of Basic Education.
Goosen found that the Department of Education’s failure to provide school furniture in rural schools in the Transkei was a violation of learners’ right to basic education.
He elaborates on the judgment.
“The constitution requires transformative justice. The courts are required to act in line with the constitutional imperative. The right to education must be informed broadly of the right to transformative justice. But courts do not legislate nor determine broad policy questions that fall in the prerogative of the executive.”
JSC Interviews | 42 top jurists to vie for 20 positions in various courts this week
Interviews for top jurists to take over various courts to be conducted this week
Interviews to determine the top jurists who will preside over various courts will be conducted this week.
These include posts for the High Court, Electoral Court, Competition Appeal Court, and Land Claims Court, among others. There are 42 candidates vying for 20 positions.
Acting Judge President Mjabuliseni Madondo is a contender for the position of Judge President in KwaZulu Natal. Madondo is hoping for victory the second time around.
In April this year, he was unsuccessful in applying for the same position. The Judicial Service Commission opted to leave the position vacant after some commissioners accused him of homophobia.
For the Supreme Court of Appeals, there are 11 candidates, Judge Glenn Goosen being one of them. He is a struggle activist, who headed the investigating unit of the Truth and Reconciliation Commission. He was also the first Judge to conduct a virtual court sitting shortly after the COVID-19 pandemic lockdown.
As South Africa edges towards the 2024 national elections, Judge Baratang Mocumie, who is a current Judge at the Supreme Court of Appeal, will be interviewed for the position of head of the Electoral Court.
If successful, she could be the first woman to head the institution. She has also been a gender activist who served in the executive of the South African Chapter of the International Association of Women Judges.
Meanwhile, Judge Maake Kgangyago is vying for the position of head of the High Court in Limpopo. There are three male candidates for that position. Ironically, the current deputy Judge President Matsaro Semenya is a woman but does not feature on the list.
Judge Tebogo Djaje wants the position of deputy Judge President of the High Court in North West. She was previously a magistrate. She is the provincial coordinator of the SA Chapter of the International Association of Women Judges. The interviews are running until the 11th of October.
Video – JSC Interview | Justice Mandisa Maya interviewed for the position of Deputy Chief Justice: