JSC to recommend Gauteng Judge President Dunstan Mlambo for Deputy Chief Justice position

Gauteng Judge President Dunstan Mlambo has been given the nod by the Judicial Service Commission (JSC) for the position of Deputy Chief Justice (DCJ).

“The JSC has decided to advise the President that Judge President Mlambo of the Gauteng Division is suitable for appointment as Deputy Chief Justice, and in accordance with that decision, a report will be submitted by the JSC to the President, including a report on the other two candidates,” said JSC commissioner advocate Sesi Baloyi on Thursday, 2 July.

The position of DCJ has been vacant since September 2024, when Chief Justice Mandisa Maya assumed her role at the apex of the judiciary.

Read more: Three regional judge presidents vie for deputy chief justice post – what are their chances?

This week, three candidates went head to head in front of the JSC.

In addition to Mlambo, President Cyril Ramaphosa nominated the Judge President of the Free State Division, Cagney Musi, and the Judge President of the Northern Cape, Pule Tlaletsi, for the DCJ role. A fourth nominee, Supreme Court of Appeal (SCA) Justice Mahube Molemela, withdrew.

Both Tlaletsi and Musi stumbled at points in their interviews; Tlaletsi, notably, for saying that sexual harassment in the judiciary was an issue that he had not personally “identified as a problem”, and Musi over his contentious decision to allocate the R24.9-million Nulane case to acting Judge Nompumelelo Gusha.

Last month, the SCA reversed Gusha’s decision to grant discharges and acquittals to all the accused in the Nulane matter, in a ruling that found the acting judge had made multiple legal errors. On Thursday, Musi, who was one of the SCA’s panel of judges at the appeal, defended his decision to appoint Gusha, adding, however, that he agreed with the SCA decision.

“The judge [Gusha] got it wrong. That is why we have courts of appeal. I agree totally with the SCA,” he said.

‘Threat to the rule of law’ 

Mlambo, interviewed first in a marathon session on Wednesday, said it would be “an honour” for him to serve as South Africa’s next DCJ.

He is South Africa’s most senior Judge President, Mbekezeli Benjamin, a research and advocacy officer at Judges Matter, reported in Daily Maverick. For the past 15 years he has served as Judge President of two of South Africa’s busiest courts — the Labour Court and then the Gauteng Division of the High Court.

At 66, if appointed, Mlambo will serve as DCJ for four years until his mandatory retirement in 2029.

“I think my leadership style, Chief Justice, is one of inclusivity, team-leading and enabling. Were I to be recommended as Deputy Chief Justice, I would continue in that leadership philosophy,” said Mlambo.

Asked by Maya whether he would have an issue working under her — a woman who is younger than him — Mlambo said: “I will not have a problem with that. In fact, I don’t think it’s an issue at all.

“I’m not in the judiciary for positions. I’m in the judiciary to ensure that the judiciary fulfils its constitutional mandate in whatever capacity I find myself in. And I would gladly support you, and work under you, and abide by your dictates and directions, Chief Justice.”

Mlambo vied for the position of Chief Justice in 2022, against Maya and former Chief Justice Raymond Zondo, to succeed then Chief Justice Mogoeng Mogoeng. But Mlambo and Zondo’s interviews were nearly derailed by attempted political hit-jobs from a JSC cabal led by advocate Dali Mpofu and EFF leader Julius Malema, reported Daily Maverick’s Rebecca Davis.

Read more: JSC plumbs new depths in Chief Justice interview derailed by anonymous rumours

Ramaphosa later chose to ignore the JSC’s recommendation of Maya — as was his legal right — and appointed Zondo as Chief Justice in March 2022. He retired on 31 August 2024 and was replaced by Maya.

Following the public interview process, the JSC has deliberated and resolved to advise the President that Judge President D Mlambo is suitable for appointment as the Deputy Chief Justice of the Republic of South Africa.#JSCinterviews #ocj_rsa #JudiciaryRSA pic.twitter.com/53eKa3NoNG

— RSAJudiciary (@OCJ_RSA) July 3, 2025

In his interview, Mlambo took a particularly firm stance on the issue of the unacceptability of attacks on the judiciary.

“Powerful people who criticise the courts, who impute corruption and other negative implications on the imputations of the judiciary are a threat to [the] rule of law,” said Mlambo.

He said the DCJ should take up the mantle of supporting the Chief Justice in engaging with legal professionals and civil society and making them aware that “this type of wanton, unfounded criticism of the judiciary is a problem”.

Mlambo, at first, did not reference political parties or politicians specifically, but asked by Justice Minister Mmamoloko Kubayi about the issue, he admitted he shied away from mentioning “political players in the criticism of the judiciary”.

He said it was the constitutional prerogative of the executive and the legislature to defend the judiciary “when it comes under unnecessary and unwarranted attack”.

Modernisation of the judiciary 

Maya revealed that Mlambo had played a key role in the judiciary’s motivation for its independence.

Honouring the 30th anniversary of the Constitutional Court last month, Ramaphosa announced plans for the judiciary to become an independent institution like Parliament — a call judges have been making for years. He vowed that the government would provide budgetary and operational support.

Read more: As Constitutional Court turns 30, Ramaphosa vows support for judicial independence

Mlambo said he would support Maya in her vision of judicial independence.

“Chief Justice, you’ve hit the ground running as the current Chief Justice. Your vision is very clear: the independence of the judiciary. And, hardly a year in office, the executive has yielded. We’ve been fighting this battle for the last 14-15 years, but now it’s going to become reality that we will also be institutionally independent,” he said.

Mlambo is renowned for his administrative wizardry and innovative approach to leadership.

He spearheaded the roll-out of the court online system in the Gauteng Division of the High Court in 2020, during the Covid-19 pandemic, and as chair of the judiciary’s IT committee he has overseen the further roll-out of this system to seven of the nine provinces, reported Daily Maverick.

He said he had been “fortunate” to have been “central to the modernisation of the judiciary” in South Africa.

The DCJ, according to Mlambo, “must possess strong intellectual leadership skills to support and advance the constitutional jurisprudence development” of the Constitutional Court.

“The Deputy Chief Justice, as supporting the Chief Justice, must have a very well-developed operational, as well as a systems and administrative sense, to ensure that the operations of the Constitutional Court, and of the general judiciary, goes according to plan and achieves its objectives,” he said.

Read more: Dying to be heard — gloomy picture of the slow pace of South African courts

Mlambo said he believed the role of the DCJ was to enable efficiency at the Constitutional Court. He said it was “not good” that some Constitutional Court judgments take several months to be delivered. DM