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PoliticsSouth Africa

S. Africa's Ramaphosa appoints new chief justice

Louis Oelofse
March 10, 2022

Judge Raymond Zondo, who found evidence of corruption under South Africa's previous administration, will become the country's next chief justice. It's a decision that has upset some leading politicians.

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Judge Raymond Zondo hands the first part of the report of the Judicial Commission of Inquiry into Allegations of State Capture to South Africa's President Cyril Ramaphosa
Zondo's (left in picture) commission has already handed three damning reports, detailing extensive corruption in the country during the Zuma presidency, to President Cyril Ramaphosa (right)Image: GCIS

South African President Cyril Ramaphosa on Thursday appointed Judge Raymond Zondo as the country's new chief justice.

Ramaphosa went against the Judicial Service Commission (JSC) that, after a controversial process, recommended Judge Mandisa Maya be appointed to the position.

Instead, the president nominated her for the position of Deputy Chief Justice, Zondo's current role.

"The Chief Justice stand as the champion of the rights of all South Africans and bears responsibility for ensuring equal access to justice. I have every confidence that Justice Zondo will acquit himself with distinction in this position," Ramaphosa said in a statement.

Zondo's powerful enemies

Zondo, South Africa's deputy chief justice, became the public face of Ramaphosa's anti-corruption drive.

He recently headed a national inquiry into allegations of widespread graft under former President Jacob Zuma.

Judge Raymond Zondo, chairman of the Commission of Inquiry into State Capture
Zondo headed of the commission investigating wide-ranging allegations of corruption under former President Jacob Zuma's ruleImage: picture alliance / ASSOCIATED PRESS

Zuma set up the State Capture Inquiry himself in 2018 but, after an initial brief appearance, ignored numerous summonses to testify again.

Last year the Constitutional Court found him guilty of contempt for his refusal to appear at the commission and sentenced him to jail.

Before going to prison, Zuma compared South African judges to apartheid rulers.

"The fact that I was lambasted with a punitive jail sentence without trial should engender shock in all those who believe in freedom and the rule of law," Zuma said. "South Africa is fast sliding back to apartheid rule."

Since then Zondo found Zuma advanced the interests of the Indian-born Gupta family and close allies at the expense of the people of South Africa.

The first three parts of Zondo's report have already been published, and it has implicated several other senior politicians in wrongdoing.

Among them was the chairperson of the ruling ANC party and the mineral resources and energy minister, Gwede Mantashe, who said he would take the State Capture Commission report to judicial review.

The country's prosecuting authority will likely criminally charge those implicated once the final part of the inquiry's report is published.

Zondo's job interview went wrong

Ramaphosa had to consult the JSC before appointing the Chief Justice.

The JSC's process to evaluate candidates was, however, tainted with political infighting.

Zondo's interview at the commission descended into a heated public argument between Justice Minister Ronald Lamola and the leader of one of the opposition parties, the EFF's Julius Malema.

Their argument did not directly relate to Zondo or his JSC interviews, but served to highlight how fraught a political issue they had become, as the judge watched on while his interviewers loudly accused each other of dishonesty or a lack of respect.

Some critical of Ramaphosa's decision

Ramaphosa ultimately decided not to follow the JSC's advice to appoint Maya.

The EFF, the country's third-largest political party, rejected Zondo's appointment.

"The Judiciary has been stripped of its integrity, independence and objectivity. The highest court in the land, will be turned into an instrument to fight political opponents of the regime," it said in a statement.

The official opposition, however, welcomed the appointment.

"President Cyril Ramaphosa has chosen a safe pair of hands in appointing Deputy Chief Justice Raymond Zondo as the next Chief Justice. Judge Zondo has a clear track record and will go a long way in restoring faith in the judiciary," Democratic Alliance party leader John Steenhuisen told broadcaster eNCA.

Edited by: Mark Hallam.