The Judicial Service Commission (JSC) yet again experienced some uncomfortable moments on Thursday during its interviews to fill vacancies in the superior court across the country – this time when Chief Justice Mandisa Maya had to rebuke a candidate for referring to a female who had lodged a complaint against him, as “that woman”.

This was during the interview of an attorney, Malizo Gwagwa who was the first to take the hotseat to fill one of the vacancies in the KwaZulu Natal Division of the High Court.

He was questioned about a complaint by the sister of a deceased who claimed that he did not comply with his legal obligations in finalising the estate of the deceased.

Gwagwa’s remark in referring to her as “that woman” prompted Justice Maya to tell Gwagwa that he could have referred to the complainant in a more respectful way. Gwagwa apologised and explained he could not recall her name. He added that he did respect women and he did not mean his reference to her as “that woman” be disrespectful.

But he was grilled by further controversy from his past, when it came about through questions from Justice and Constitutional Development Minister Mmamoloko Kubayi, that he was suspended from practising by a court on allegations of misconduct.

Gwagwa did not state this fact on his application form submitted to the JSC to be considered for a vacancy in the KZN high court division. It had emerged that the complainant to whom he had referred as “that woman” had lodged a complaint with the Legal Practice Council (LPC) as she had suspected some irregularities in him finalising her sister’s estate.

The LPC in turn wrote a letter to Gwagwa regarding the matter, which the attorney did not respond to. This subsequently led the legal body to turn to the court to suspend him. While Gwagwa did defend that application, the court ruled against him.

Gwagwa explained on Thursday that this happened more than four years ago and he did not understand that he had to disclose it. He said that matter was resolved, as his suspension was later lifted. He also explained that there was no wrongdoing on his part regarding the handling of the estate, adding that he is an upstanding, law-respecting attorney.

He said as he now stood before the panel, there was nothing hanging over his head. “Suspension does not mean guilt,” he said.

Gwagwa was also questioned about his past debts, but he explained that he had sold his home to pay his debts.

One of the commissioners commented “so you are not applying for a position on the Bench for financial reasons,” to which Gwagwa responded: “No, I am not bankrupt.”

The JSC interviewed seven candidates for five vacant positions in KZN. The candidates ranged from attorneys to advocates and a regional court magistrate – all of them who did various stints in the high court as an acting judge.

The JSC will interview several more candidates over the coming days to fill more vacant positions in the superior court across the country.

After deliberations on the seven candidates interviewed for one position at the SCA, the legal body decided not to make any recommendations in this regard to President Cyril Ramaphosa.

This is because the 23 commissioners on the panel could not obtain a majority vote. The vacancy will again be advertised next year. The JSC normally sits twice a year – in April and again in October – to consider candidates to fill vacant positions in the superior courts.

zelda.venter@inl.co.za

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