Judges and acting judges in the Limpopo division of the High Court are not representative of the province, and especially Xitsonga-speaking candidates are overlooked when it comes to appointments, says Limpopo Legal Solutions (LLS).
The voluntary association wrote a letter to the office of Judge President Ephraim Makgoba last week, questioning the transparency of the processes by which judges and acting judges are being appointed. LLS is especially worried that no Tsonga/Shangaan candidates serve as judges or acting judges.
In the letter, LLS argues that an onus rests on the judiciary to tackle transformation and to ensure that it reflects the demographics of the area it serves. "It is apparent that the appointment of both acting and permanent judges in the Limpopo Division of the High Court, Polokwane and Thohoyandou does not at all and/or broadly represent the demographics of Limpopo," reads the letter.
The LLS even goes so far as to say that the composition reflects "elements of ethnic superiority in that the appointments of judges (on permanent or acting basis) appears to favour two ethnic groups of the province over others".
In the letter, the LLS argues that the Limpopo Province has predominantly three ethnic groups, namely Tshivenda-, Sepedi- and Xitsonga-speaking people. The association accuses the Judge President of not inviting Tsonga/Shangaan legal practitioners to serve as acting judges and thus gain the necessary experience which would make them eligible to serve as judges later.
Questions were sent to the office of Judge President Makgoba earlier this week, requesting more information about the processes followed when appointing judges and acting judges. The judge was also asked what steps the Limpopo Division of the High Court had taken to ensure that a transformed and representative judiciary existed in the province.
At the time of our going to press, no response had been received.