JUDGES MATTER OP-ED: Gender transformation on the Bench — What Justice Mandisa Maya’s interview tells us about women’s place in the judiciary

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While great progress has been made in gender transformation in the judiciary overall, the fact that only two women currently hold leadership positions shows that there is a long way to go to achieve gender transformation at the level of judicial ...

There are currently 19 leadership positions in the judiciary. That is, the heads of courts and their deputies.

The Constitution’s need for the judiciary to “broadly reflect” the race and gender composition of the country is not a “nice-to-have”. It is there to maintain the legitimacy of the judiciary in the eyes of the public. It is on the public’s behalf that the judiciary takes important decisions like the timing and form of elections, or the process for removing a democratically elected president, or even overturning the wishes of a democratically elected Parliament.

that in appointing judges, we should look at all the factors listed in the Constitution’s equality clause, including factors like disability, social origin, sexual orientation, and even legal ideologies.draws an important distinction between the thinner concept of “judicial representivity” and the much thicker concept of “judicial diversity”.

 

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