7 July 2025 | 13:32 CAT
3-minute read

Image source: The South African Judiciary

As President Cyril Ramaphosa prepares to make the crucial appointment, South Africa’s judiciary is awaiting news on who will become the next Deputy Chief Justice (DCJ). The race has been narrowed to three senior jurists — Judge Presidents Dunstan Mlambo, Cagney Musi, and Pule Tlaletsi — but only one nominee is seen as having the operational strength and vision to advance Chief Justice Mandisa Maya’s call for a unified judiciary.

The DCJ position has remained officially vacant since Mandisa Maya’s elevation to Chief Justice in September 2024. In the interim, Constitutional Court Justice Mbuyiseli Madlanga has filled the role in an acting capacity, but his tenure expires in July — prompting calls from civic groups like Judges Matter for a definitive appointment.

Chief Justice Maya, who rose to South Africa’s highest judicial office in July 2024, has emphasised that the Deputy Chief Justice must not only excel on legal grounds but also work purposefully toward integrating South Africa’s multi-tiered court system into a cohesive, functional body. The 2012 Constitutional Amendment which allowed for this rationalisation envisioned a single Judiciary stretching from Constitutional Court to magistrates courts . Establishing this remains at the heart of Maya’s policy agenda.

Judge President Dunstan Mlambo, who heads the Gauteng High Court, has emerged as the candidate most clearly aligned with Chief Justice Maya’s vision — not just in talk, but in results. He has spearheaded initiatives like court-wide mandatory mediation, aiming to reduce crippling backlogs and improve access to justice. As Legal Aid South Africa chair since 2002, he has managed budgets comparable to that of the entire judiciary.

Judge President Cagney Musi, of the Free State High Court, brings pragmatic insights from his trajectory through the judicial ranks. Having served as magistrate, judge, deputy judge president and judge president, he offers a “bottom-up” understanding of day-to-day court realities — a quality Judges Matter notes would be “an asset” in driving the unified judiciary strategy.

Judge President Pule Tlaletsi, from the Northern Cape High Court, has paralleled Musi’s experience, also working extensively at both lower and appellate tiers. With 22 years on the bench and leadership roles in labour and northern Cape courts, he’s considered well-positioned to support continued judiciary consolidation .

In an interview on Radio Islam International, Judge Mbekezeli Benjamin underlined that, while all candidates met the basic legal threshold, only Mlambo has showcased tangible institutional reform.

“He was the Chairperson of the Legal Aid Board for 17 years … if he could lead an institution with a budget of two billion rand, then he could do the same as Deputy Chief Justice.”

Benjamin further emphasised Mlambo’s ability to streamline litigation.

“When he was Judge President of the Labour Court … he was able to put in place systems that ensure that cases move much faster … they don’t have to wait three years for a case …”

These reforms extended to mandatory mediation in civil matters at the Gauteng High Court – a signature effort which cut delays and transformed case flow .

Benjamin weighed in on Northern Cape’s Judge Tlaletsi and Free State’s Judge Musi, noting their rooted understanding of magistrate challenges. Yet, he asserted that Mlambo stands out not only because of his reformist track record but also his capacity to scale such initiatives nationally. Judges Matter echoed this view in stating that “Judge Mlambo presented the most compelling vision for the future of the judiciary.”

The JSC’s public interviews this year marked an improvement over past proceedings. According to Benjamin, a new system used defined criteria, asked pointed questions, and required candidates to present actionable visions — marking a clear step forward.

“The interviews … were still tough … Judges … must be asked very difficult questions, but it must be done so in a respectful and a fair way. And I can say that this week did show that kind of quality of an interview.” These changes address long-standing concerns that past processes were unfocused and personalistic .

On July 3, the JSC formally recommended Dunstan Mlambo for appointment, but the power to appoint remains with President Ramaphosa under Section 174(3) of the Constitution. Though the President is not constitutionally bound to the JSC’s recommendation, the weight of public and professional support encourages consensus.

Should Ramaphosa follow the JSC’s lead, the incoming Deputy Chief Justice will join Chief Justice Maya at a time of structural transformation aimed at reducing judicial delays, addressing resource scarcity, and extending professional standards across the courts.

A permanent DCJ with strong administrative insight could be the linchpin in stabilising South Africa’s embattled judicial system. Balancing high-level legal adjudication with budget oversight, committee leadership, and courtroom efficiency, the role is pivotal. In the words of Judges Matter, it’s essential for the DCJ to “hit the ground running and partner with Maya and her team, while also engaging crucial stakeholders”.

President Ramaphosa now holds the pen. Observers expect a decision before Mbuyiseli Madlanga’s acting term expires. If Mlambo is appointed, it will reflect a broader judicial strategy grounded in operational competence, digital innovation, and nationwide court integration — signaling a judiciary poised not just to interpret law, but to define its service standards.

Chief Justice Maya’s vision of a unified, efficient, and accessible judicial system hinges on this appointment.

Listen to the full interview on Your World Today with Mufti Yusuf Moosagie.