Freedom Under Law (FUL) has expressed its confidence that President Cyril Ramaphosa will make his own choice for Chief Justice from the four candidates that were recently interviewed by the Judicial Service Commission (JSC).

Ramaphosa must select a successor to Mogoeng Mogoeng whose term of office ended in October 2021.

Last week, in what was an unprecedented announcement, the JSC recommended that Ramaphosa appoint Supreme Court of Appeal President Mandisa Maya as South Africa’s next Chief Justice.

Other candidates include Justice Mbuyiseli Madlanga, Deputy Chief Justice Raymond Zondo and Gauteng Judge President Dunstan Mlambo.

Legal experts hit back against the JSC after it endorsed Maya, saying it had no powers to do so.

FUL said the JSC’s performance last week has left its reputation in tatters.

“Nonetheless, we are confident that the President will not succumb to the contrived pressure and will make his own choice from among the four candidates – assured that each of them is eligible for the high office of Chief Justice,” said FUL’s Johann Kriegler.

The Constitution requires the President to consult the JSC when considering the appointment of the chief justice. However, the JSC has no power to recommend a nominee.

Kriegler said what was surprising was the “deft manipulation of the whole process”. He specifically referred to Economic Freedom Fighters leader Julius Malema and Advocate Dali Mpofu.

Last week FUL raised concerns with Malema and Mpofu’s participation in the interview process for the selection of the country’s next Chief Justice, urging them to step aside from the process as JSC members as they are subject to serious ethical charges.

FUL said the interviews seemed to discredit Zondo ahead of his interview.

“Warning lights flickered soon enough, when Justice Madlanga was asked, wholly irrelevantly to his own fitness for appointment, to comment on the propriety of his colleague Justice Zondo’s conduct in convening a media conference in response to a minister’s remarks about the judiciary – thus seeking to discredit Justice Zondo in advance of his own interview,” Kriegler stated.

He pointed out that “friendly and supportive” questions were addressed to Maya, while it seemed that Mlambo was “grilled so crudely” that the chairperson admonished Malema for his aggressive manner and tone.

“It became all the more plain that Justice Maya was the favoured candidate and two strong contenders had to be knocked out, or at least materially handicapped,” Kriegler said.