After a career spanning nearly three decades, Justice Raymond Zondo vacated the country’s top judicial post as he retired from the Bench, making way for his deputy Justice Mandisa Maya who officially assumed the role of South Africa’s first female chief justice.
In this article, the “Cape Times” reflects on Justice Zondo’s stint at the helm of the country’s judiciary and his time as the chairperson of the State Capture commission of inquiry.
His chairing of this commission saw him embroiled in a bitter dispute with former president Jacob Zuma who only wanted to appear before another judge.
Justice Zondo refused and Zuma was subsequently jailed for being in contempt of a Constitutional Court order directing him to appear before Justice Zondo.
At the time, Justice Zondo was the acting chief justice.
Zuma’s recently formed uMkhonto weSizwe Party has sought to present Zondo as a “captured” judge.
When recently asked by an MKP MP about his conduct during the commission, in particular relating to the Zuma issue Justice Zondo said the suggestions that he was a captured judge were unfounded.
“I accept that particularly for the work that I did as chairperson of the State Capture Commission I made many enemies and that some of them from time to time want to discredit me but I believe that the majority of South Africans know the truth and appreciate the work that I, together with all those who are involved in the Commission did, so I will not engage in that discussion about whether (I was) captured or not.”
Some within the legal fraternity believe such questions were bound to arise, especially because of the work the commission was seized with.
Weighing in on Justice Zondo’s legacy, Black Lawyers Association (BLA) president, Nkosana Francois Mvundlela said while they did not believe he was captured, “in any event it was bound to happen as this commission mainly involved politicians”.
“Most of what happened was when he was deputy chief justice and, more glaringly, his work at the State Capture Commission, where he was the chairperson of the commission.
“As black lawyers, we felt we were not adequately included in the commission, either as evidence leaders, researchers, advisers etc. The BLA even wrote a letter to him requesting clarity on how he chose the participants. No response came through,” he said.
He said Justice Zondo’s stint as the chief justice was “short and nothing much really happened when he was a CJ”.
“We can only celebrate his remarkable legal career as a rural boy from the villages of KwaZulu Natal, assisted to study law by a good Samaritan, to qualifying as a lawyer and opening one of the leading firms in KwaZulu-Natal, Mathe and Zondo Inc, where he was a partner, before he went on to work as a Judge in the Labour Court.
“His career serves as an inspiration to many young lawyers who are similarly situated with Chief Justice Zondo.
The BLA wishes CJ Zondo well as he gets to retire to spend more time with his family.
“He has made an indelible contribution to the jurisprudence of our country and his judgments are there to be read by both law students and practitioners,” Mvundlela said.
Judges Matter research and advocacy officer, Mbekezeli Benjamin, concurred that a two-year tenure was too limited to make a huge impact on the judiciary. “However, he did manage to improve the functioning of the Judicial Service Commission. He was not able to resolve the challenges facing the Constitutional Court.”
The organisation said Judge Zondo vacated the post without finalising an anti-sexual harassment policy for the judiciary, which he promised at his Chief Justice interview in February 2022.
“Perhaps his most enduring public legacy is his role as chairperson of the State Capture Commission.
“It was fair for Justice Zondo to highlight that during his tenure at the State Capture Commission, he faced political insults and attacks which continue to this day; however, the public knows the truth, including that he was not captured.
“It also highlights Justice Zondo’s previous stance that, whoever believes there are allegations of judicial capture, they must provide proof of those allegations,” said Benjamin.
Justice Zondo did not respond to several requests for comment when we approached his now previous office.
In a statement before his retirement, the office of the chief justice said: “During his term of office Chief Justice Zondo defended the Judiciary whenever it was being unfairly attacked by, among others, politicians.
“As Chief Justice, Chief Justice Zondo and his colleagues in the Constitutional Court tried various measures in order to address the problems of the delays in disposing of new applications and the delays in the handing down of reserved judgments. One of these included the use of services of retired Justices of the Constitutional Court.
“Under the leadership of Chief Justice Zondo, the Justices of the Constitutional Court resolved that the way to address this problem was two-fold; that a number of experienced lawyers should be employed by the State to provide professional support to the Justices of the Constitutional Court in disposing of new applications and that the Constitution be amended to allow panels of three or so Justices of the Constitutional Court to dispose of new applications but appeals and other matters would still be heard by the Court sitting en banc.”
Cape Times