Dunstan Mlambo
By Thabo Mosia
The Judicial Service Commission (JSC) has announced its recommendation of Justice Dunstan Mlambo, Judge President of the Gauteng Division of the High Court, for the esteemed position of Deputy Chief Justice of South Africa. This pivotal decision, made after a thorough two-day public interview process in Sandton, fills the vacancy left by Chief Justice Mandisa Maya’s appointment in September 2024, following the retirement of Chief Justice Raymond Zondo. Justice Mlambo stood out among four notable candidates nominated by President Cyril Ramaphosa in April 2025, marking a significant step in strengthening South Africa’s judiciary.
The Selection Process: Transparent and Rigorous
The JSC’s recommendation came after an intensive evaluation of four highly qualified nominees put forward by President Ramaphosa earlier this year. These candidates were:
• Justice Dunstan Mlambo, Judge President of the Gauteng Division of the High Court;
• Justice Mahube Molemela, President of the Supreme Court of Appeal;
• Justice Cagney John Musi, Judge President of the Free State High Court; and
• Justice Lazarus Pule Tlaletsi, Judge President of the Northern Cape High Court.
Following constitutional requirements, the President consulted with the JSC and political parties in the National Assembly before the interviews took place. The two-day public interview process allowed the JSC to assess each candidate’s suitability for the role. In a concise statement shared on social media, the JSC declared, “Following the public interview process, the JSC has deliberated and resolved to advise the President that Judge President D Mlambo is suitable for appointment as the Deputy Chief Justice of the Republic of South Africa.” The recommendation has now been submitted to President Ramaphosa, who holds the final decision-making authority.
Justice Dunstan Mlambo: A Seasoned Judicial Leader
At 65 years old, Justice Dunstan Mlambo brings decades of legal and judicial expertise to the table. His career began as a legal assistant in the KaNgwane government, followed by a fellowship at the Legal Resources Centre in 1987. Appointed as a judge in 1997, he has served in key roles, including the Supreme Court of Appeal and Judge President of the Labour Court. Since 2012, he has led the Gauteng Division of the High Court—South Africa’s busiest court—where he has earned widespread respect for his innovative leadership.
One of Mlambo’s standout achievements is the introduction of the virtual “Caselines” system during the COVID-19 pandemic, which transformed judicial efficiency by enabling remote hearings and case management. His inclusive leadership style and dedication to judicial ethics have further solidified his reputation. Internationally, he has represented South Africa as the Africa Chapter president of the International Association of Refugee and Migration Judges, showcasing his global influence.
Insights from the JSC Interview: Mlambo’s Vision Unveiled
During his JSC interview, Justice Mlambo provided a comprehensive view of his approach to judicial leadership and transformation. Key highlights include:
• Judicial Independence and Resources: Mlambo welcomed President Ramaphosa’s commitment to granting the judiciary institutional independence within six weeks, a long-sought goal. He acknowledged the judiciary’s chronic under-resourcing and stressed the need for cautious, transparent policies when accepting third-party donations. Drawing from his experience developing a policy document on this issue with KwaZulu-Natal Judge President Thoba Poyo-Dlwati, he emphasised avoiding contributions from tainted sources or potential litigants. He cited the example of a state-of-the-art training centre funded by the Johannesburg Society of Advocates, where costs were deliberately obscured to maintain integrity.
• Access to Justice: Mlambo highlighted poverty and high legal costs as barriers to justice, noting public perceptions that the Constitution fails ordinary South Africans. He advocated for engaging civil society and levelling the playing field in courts, such as limiting the dominance of large law firms in unopposed motion courts through directives informed by divisional realities.
• Judicial Accountability: He addressed delays in justice delivery, such as a 10-month delay in the Lambora matter’s leave-to-appeal application, accepting responsibility while noting procedural communication lapses. Mlambo outlined his approach to accountability—supporting struggling judges with timelines but reporting persistent failures, as seen in Pretoria’s reserved judgment challenges.
• Transformative Justice: Mlambo called for a judiciary that breaks from conservative legal culture, using the Constitution to address economic inequality and poverty. He suggested targeted litigation to tackle bottlenecks like foreclosure rules (Rule 46A) and proposed legal funds, inspired by Thurgood Marshall, to support transformative cases.
• Mediation and Case Management: He defended his directive on compulsory mediation in Gauteng to reduce trial delays, viewing it as a short-term solution to a national problem. Mlambo acknowledged training gaps for mediators but relied on existing mediation bodies, urging a broader Mediation Act.
• Patriarchy and Sexual Harassment: While initially unaware of patriarchal tendencies in his division, he recognised sexual harassment as a serious issue. Mlambo supported safe spaces for reporting, citing a case where he revoked an acting judge’s appointment after harassment complaints, and endorsed Chief Justice Maya’s draft sexual harassment policy with sensitisation training.
• Traditional Courts and Paralegals: He advocated for revitalising traditional courts with proper training, drawing from Botswana’s model, and formalising paralegals’ roles to enhance primary access to justice, despite resistance from the legal profession.
• Judicial Capacity: Facing increased workloads and financial constraints, Mlambo proposed increasing judicial posts, support staff, and infrastructure, while exploring tools like rules-based artificial intelligence for efficiency, inspired by Brazil’s judiciary.
Why This Role Matters
The Deputy Chief Justice is a cornerstone of South Africa’s judiciary, assisting the Chief Justice in upholding constitutional democracy and the rule of law. The role includes chairing the Judicial Conduct Committee, driving administrative reforms, and supporting Chief Justice Maya’s vision for a unified judiciary. Mlambo’s extensive experience and innovative mindset position him to excel in these responsibilities, particularly as the judiciary navigates resource challenges and public scrutiny.
Addressing Age and Concerns
Mlambo’s age has raised questions, as he would retire at 70 in 2029, potentially mid-way through Chief Justice Maya’s term. However, his supporters argue his proven leadership outweighs this limitation. In his interview, he tackled concerns about high-profile cases, such as the Group Five competition law dissent and Standard Bank jurisdiction ruling, reaffirming his commitment to judicial independence and social context-aware interpretation.
Additional Context: Enhancing the Narrative
Beyond the provided details, Mlambo’s tenure has seen him confront systemic issues like maintenance court backlogs (over 170,000 unresolved cases), pushing for executive collaboration to boost capacity. His 2021 Daily Maverick article urged judges to leave their “ivory towers” and engage communities directly, a philosophy he reiterated by praising Justice Minister Thembi Simelane’s imbizo programme for connecting judges with public frustrations.
What’s Next?
The JSC’s recommendation awaits President Ramaphosa’s approval. While Mlambo is the frontrunner, the President may still consider the other nominees after further consultation. The legal community and South Africans eagerly anticipate the outcome, recognising the Deputy Chief Justice’s role in shaping a judiciary that reflects the nation’s democratic ideals.
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