The Judicial Services Commission (JSC) has given two candidates the nod to serve on the Cape Bench.
Advocate Nobahle Mangcu-Lockwood and attorney Matthew Francis emerged as the top candidates after a gruelling interview session on Friday.
Serious challenges facing the Cape Bar took centre stage with some of the commissioners grilling the candidates on their relationship with embattled Western Cape Judge President John Hlophe and their views on a "judicial officer" continuing to sit on the bench despite being found guilty of gross misconduct “based on underlying dishonesty”.
The Judicial Conduct Tribunal found that Hlophe improperly attempted to influence the Constitutional Court’s pending judgment in the case against former president Jacob Zuma and French arms dealer Thint.
DA MP advocate Glynnis Breytenbach fired the questions around the “judicial officer’s conduct” and emphasised that it was not related to Hlophe.
In her reply, Mangcu-Lockwood said there was a process to follow and the JSC would have to decide whether to endorse the finding and recommend suspension.
She added that context was most important and added that if the JSC agreed with the tribunal, eventual impeachment would still be up to the national assembly.
EFF MP, Julius Malema, quizzed Mangcu-Lockwood whether political expediency or due process should be followed.
“I would say that process should be followed in terms of the Judicial Service Commission Act and the Constitution.
“But at National Assembly level it would be politics."
Mangcu-Lockwood, also a member of the English and Irish Bars, said her judicial philosophy was underpinned by the Constitution which was a "barometer for all of us".
In response to questions about her experience at the bar Mangcu-Lockwood said: “We have serious problems in the Western Cape.
“In the Cape Bar at the moment we have 16 African females.
“That’s about one for each year I have been there.
“In terms of transformation, the Johannesburg bar is far ahead.
“African professionals feel at home there," Mangcu-Lockwood said.
She added that the challenges facing the Bar had to be contextualised in the context of the “dynamics” in the province.
“Private firms remain reluctant to brief African legal professionals.
“They say they don't know who's there.
“Are you serious? It's not acceptable.
“Most briefs I have received came from the state attorney.
“Despite the hostile and challenging environment I have managed to get exposure,” said Mangcu-Lockwood.
Another top candidate, attorney Matthew Francis, a close friend of Hlophe, was asked how he would handle the the conflict between Hlophe and his deputy, Patricia Goliath, he responded: “There are processes in place and I understand are unfolding that will deal with the situation, but having acted in the division for the last two years, if you weren’t actively participating you would think the division is about to crumble, but that is not the case.”
He said the division operated like any other division and cases were dealt with timeously.
“The courts aren't about to crumble.
“Perhaps some of the detractors need to come and visit the court,” added Francis.
He also said if he were to be approached to determine a matter in a particular way, he would be offended and refer it to the JSC.
However, he said a "lot depended on context“.
“In my experience there’s no difficulty in discussing cases with judges and tossing around ideas.
“But talking about a matter and determining and deciding are totally different things.”
Remarks that chief magistrate of Cape Town, David Thulare, made when he was president of the Judicial Officers Association of South Africa (Joasa) in 2013 came back to haunt him.
At the time he said the chief justice held an “over-concentration of power” within a “judicial kingdom”.
Thulare told the commision on Friday: “Those were the views of the organisation I led.
“To the extent that statement may have been perceived as a personal attack, I regret.”
He was also taken to task by Chief Justice Moegeng Moegeng about a song, which was played, in which Thulare urged the appointment of a woman to the office of chief justice.
In a voice note he sent with the song, Thulare also said: “In my view, the judiciary is bleeding and rudderless.
“It needs a calming leadership”.
In his explanation, Thulare said the voice note was “leaked to embarrass” him.