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Chief Justice interviews: Judiciary operates in a somewhat 'toxic environment' - Judge Mlambo

Gauteng Judge President Dunstan Mlambo

Gauteng Judge President Dunstan Mlambo

3rd February 2022

By: News24Wire

  

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Chief Justice nominee, Judge Dunstan Mlambo, says while the South African judiciary is "functional", there is a concerning loss of confidence in the judiciary and the rule of law.

Mlambo, one of four judges vying for the position of Chief Justice, said he had conducted "an environmental scan" of the context of the judiciary today.

He said it was worrying that the judiciary operated in a somewhat "toxic environment" as a result of polarised politics.

"Toxic in the sense that the judiciary is attacked on a number of fronts. Its independence and impartiality are always at stake," he said.

He also told the Judicial Service Commission (JSC) on Thursday that there were unfounded claims of corruption against the members of the judiciary.

Mlambo is the first candidate to openly take on the unsubstantiated attacks faced by the judiciary.

Another worrying challenge, Mlambo said, was growing corruption involving court operations in South Africa.

"Corruption not by judicial officers, but corruption in terms of the usage and the circulation of fraudulent court orders which bear all the resemblance of a proper court order, but when you investigate it, you find out no such matter was heard on a particular date."

"That's an issue that I think requires serious attention because it can erode the legitimacy of the judiciary," he said.

Despite the challenges, Mlambo said he believed the judiciary had lived up to its promise of the Constitution in terms of delivering justice.

"I am proud to have been a member of the judiciary for just over 20 years," he said.

He said if he were to be appointed as the country's Chief Justice, his vision would be to have an efficient and effective judiciary that was independent and able to fulfil its mandate as set out in the Constitution.

He said he also wanted to see effective leadership.

"If appointed, I will expand efforts to ensure that together with colleagues, we will continue to fortify the strength and independence of the judiciary."

Mlambo said he wanted to inspire and motivate judges and magistrates to deliver on their mandate.

As head of the judiciary, he said, he would also ensure that it developed strategies aimed at protecting the legitimacy of the judiciary and "countering the threats to our legitimacy".

Edited by News24Wire

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