Mahube Molemela

Mahube Betty Molemela (née Eister; born 18 March 1965) is a South African judge who has been the President of the Supreme Court of Appeal since 1 June 2023. Before her appointment to the Supreme Court in June 2018, she was the first woman Judge President of the Free State High Court from 2015 to 2018. A former attorney, she was appointed to the bench in the Free State in July 2008.

The Honourable
Mahube Molemela
President of the Supreme Court of Appeal
Assumed office
1 June 2023
Appointed byCyril Ramaphosa
DeputyXola Petse
Preceded byXola Petse (acting)
Mandisa Maya
Judge of the Supreme Court of Appeal
Assumed office
1 June 2018
Appointed byCyril Ramaphosa
Chancellor of the Central University of Technology
Assumed office
10 June 2016
Preceded byBoet Troskie
Prior appointments
Judge President of the Free State High Court
In office
1 January 2015 – 31 May 2018
Appointed byJacob Zuma
DeputyCagney Musi
Preceded byThekiso Musi
Succeeded byCagney Musi
Judge of the Labour Court of Appeal
In office
1 June 2014 – 31 May 2018
Appointed byJacob Zuma
Judge of the High Court
In office
1 July 2008 – 31 May 2018
Appointed byThabo Mbeki
DivisionFree State
Personal details
Born
Mahube Betty Eister

(1965-03-18) 18 March 1965
Bloemfontein, Orange Free State
Republic of South Africa
SpouseSello Molemela
Alma materUniversity of Fort Hare
University of the Free State

Early life and education

Molemela was born on 18 March 1965 in Bloemfontein in the former Orange Free State, now the Free State.[1] She matriculated in 1981 at Albert Moroka High School in Thaba Nchu outside Bloemfontein,[2] and she subsequently enrolled at the University of Fort Hare, where she completed her BA and BProc degrees.[1] She later completed an LLB and an LLM in mercantile law from the University of the Free State.[1]

Career as an attorney

Molemela began her legal career in 1987 as a prosecutor at the magistrate's court in Thaba Nchu. She went on to complete her articles at E. G. Cooper & Sons and Peete Jake Moloi Attorneys and gained admittance as an attorney in 1993.[1]

After being admitted, Molemela practiced as an attorney for 15 years at several different firms in Bloemfontein, Phuthaditjhaba, and Johannesburg.[1] She was admitted as a conveyancer and notary in 1996, and she was an arbitrator at the Commission for Conciliation, Mediation and Arbitration from 1999 to 2001 and a part-time law lecturer at the University of the Free State from 2001 to 2003. In addition, while practicing, Molemela occasionally sat on the bench: she was a military judge in 2004, and she was an acting judge of the High Court of South Africa on several occasions – in the Free State High Court for periods in 2005, 2006, and 2007, and then in the Johannesburg High Court from November 2007 to March 2008.[1]

Free State High Court: 2008–2018

In July 2008, Molemela was appointed permanently to the bench of the Free State High Court.[1] During her later years on the bench, from 2012 to 2014, she was seconded as an acting judge in the Labour Appeal Court and Competition Appeal Court.[1] On 1 June 2014, she began a ten-year term as a permanent judge of the Labour Appeal Court, appointed by President Jacob Zuma.[3]

Soon afterwards, in October 2014, the Judicial Service Commission recommended her promotion to become Judge President of the Free State High Court,[4] and she took office on 1 January 2015.[5] She was the second woman judge president in South Africa, after Monica Leeuw of the North West High Court, and the first in the Free State.[6][7] During her tenure as Judge President, she was seconded as an acting judge to the Constitutional Court from January to May 2015 and as an acting judge to the Supreme Court of Appeal from December 2016 to September 2017.[1]

High-profile High Court cases handled by Molemela included two relating to the African National Congress (ANC), the governing party. She presided over a case concerning a right-wing conspiracy to disrupt the party's 53rd National Conference in 2012,[8] and in 2017, she nullified the results of a Free State ANC elective conference, which had implications for voting at the party's 54th National Conference and which had the effect of stripping Ace Magashule of his party office.[9]

Supreme Court of Appeal: 2018–present

On 10 April 2018, Molemela was interviewed by the Judicial Service Commission for appointment to the Supreme Court of Appeal in Bloemfontein.[10] She was one of three candidates recommended by the commission for appointment,[11] and President Cyril Ramaphosa appointed her to the bench with effect from 1 June 2018.[7] Several dissenting judgements written by Molemela at the Supreme Court were later upheld by the Constitutional Court.[12]

Constitutional Court nominations: 2020–2022

During her time at the Supreme Court, Molemela was twice shortlisted for promotion to the Constitutional Court. She was first nominated to the shortlist in February 2020,[13] although the interviews were delayed by the COVID-19 pandemic and were not held until April 2021.[14][15] During her interview, on 13 April, members of the Judicial Service Commission expressed concern about Molemela's rapid ascension through the ranks of the judiciary, with Chief Justice Mogoeng Mogoeng asking her, "Why does it look like you can't stay in one place, to influence that place significantly, before you can move on? Why do you appear to be moving so soon after elevation to a particular position?"[16]

The Judicial Service Commission did not recommend Molemela for appointment in April, but the appointment process was subsequently rerun following a court challenge by the non-profit Council for the Advancement of the South African Constitution.[17] Molemela was therefore interviewed again in October 2021,[18] and on that occasion she was one of five candidates recommended for appointment. However, there were only three vacancies on the Constitutional Court, and Molemela was not appointed.[19]

In March 2022, Molemela was nominated to the shortlist for two new vacancies at the Constitutional Court.[20] Following her interview in April 2022,[21] the Judicial Service Commission again recommended her for appointment, and the President again declined to appoint her.[22]

President of the Supreme Court: 2023–present

In February 2023, the Presidency announced that Molemela was President Ramaphosa's sole nominee to replace Mandisa Maya as President of the Supreme Court of Appeal.[12] She was interviewed by the Judicial Service Commission on 17 April,[23] and the Daily Maverick reported that her interview went well, with Chief Justice Raymond Zondo complimenting her judicial record and Molemela "mostly [holding] her ground solidly, though some will have perceived a certain degree of fence-sitting... relating to her personal jurisprudential philosophy."[24]

The Commission recommended her appointment soon after the interview.[25] The recommendation was welcomed by opposition political parties,[26] by the non-profit Judges Matter,[27] and by the General Council of the Bar, which complimented her "deep and thorough knowledge of the law, including constitutional law".[25]

Molemela took office as President of the Supreme Court on 1 June 2023, taking over from Xola Petse, who acted as president after Mandisa Maya's departure.[28] She is the second woman president, Maya having been the first.[12]

Academic appointments

Molemela formerly served on the council of the Central University of Technology (CUT) in Bloemfontein, and on 10 June 2016 she was appointed as Chancellor of CUT.[29]

In June 2019, Molemela was awarded an honorary LLD by her alma mater, the University of the Free State.[30]

Personal life

She is married to Sello Molemela; her father-in-law, Rantlai Petrus "Whitehead" Molemela, was the owner of Bloemfontein Celtic and a well-known figure in Bloemfontein.[7] They have two children.[1] Molemela is also a marathon runner[31] and is a member of the Catholic Women's League and International Association of Women Judges.[1]

References
  1. "Molemela, Mahube Betty". Supreme Court of Appeal. Retrieved 1 July 2023.
  2. "Chancellor Justice Mahube Molemela". CUT. Retrieved 1 July 2023.
  3. "Zuma appoints new judges". News24. 30 May 2014. Retrieved 1 July 2023.
  4. "Judges air dirty laundry in JSC interviews". News24. 7 October 2014. Retrieved 1 July 2023.
  5. "President Jacob Zuma appoints judges of different courts on 11 December 2014". South African Government. 11 December 2014. Retrieved 1 July 2023.
  6. "Judging on transformation". News24. 12 October 2014. Retrieved 1 July 2023.
  7. Setena, Teboho (20 June 2018). "Madam justice blazes trail". News24. Retrieved 1 July 2023.
  8. "Candidates interview for three empty positions on Supreme Court of Appeals". Business Day. 9 April 2018. Retrieved 1 July 2023.
  9. "Court blows for NDZ branches in three provinces". The Mail & Guardian. 15 December 2017. Retrieved 1 July 2023.
  10. Chabalala, Jeanette (10 April 2018). "JSC recommends 3 candidates for SCA Bench". News24. Retrieved 1 July 2023.
  11. "Three judges recommended for appointment to the SCA". Sowetan. 10 April 2018. Retrieved 1 July 2023.
  12. "Judge Mahube Molemela to head supreme court of appeal". The Mail & Guardian. 2 February 2023. Retrieved 1 July 2023.
  13. Karrim, Azarrah (13 February 2020). "Judge Dhaya Pillay among list of shortlisted candidates for Constitutional Court vacancy". News24. Retrieved 1 July 2023.
  14. "JSC announces shortlist of judge candidates to be interviewed in April". Sowetan. 2 February 2021. Retrieved 1 July 2023.
  15. "JSC shortlists candidates for judicial positions". News24. 2 February 2021. Retrieved 1 July 2023.
  16. Chabalala, Jeanette (14 April 2021). "JSC wraps up ConCourt interviews, will deliberate on which candidates to recommend to Ramaphosa". News24. Retrieved 1 July 2023.
  17. Stone, Setumo (12 August 2021). "Constitutional Court interviews to be rerun after successful Casac challenge". City Press. Retrieved 1 July 2023.
  18. Chabalala, Jeanette (4 October 2021). "JSC concludes ConCourt interviews, will now deliberate on which candidates to recommend to Ramaphosa". News24. Retrieved 1 July 2023.
  19. Mthethwa, Cebelihle (24 December 2021). "Ramaphosa appoints new ConCourt justices". News24. Retrieved 1 July 2023.
  20. Chabalala, Jeanette (31 March 2022). "JSC to interview candidates for posts in various courts next week". News24. Retrieved 1 July 2023.
  21. Maughan, Karyn (5 April 2022). "JSC shortlists four candidates for ConCourt vacancy". News24. Retrieved 1 July 2023.
  22. Chabalala, Jeanette (9 June 2022). "Constitutional Court, SCA among the courts with judicial vacancies". News24. Retrieved 1 July 2023.
  23. Bhengu, Cebelihle (17 April 2023). "JSC recommends Justice Mahube Molemela for SCA president post". News24. Retrieved 1 July 2023.
  24. Davis, Rebecca (17 April 2023). "Appeal court frontrunner and female judge accused of being 'abrasive' at Judicial Service Commission". Daily Maverick. Retrieved 1 July 2023.
  25. "JSC backs Ramaphosa pick Molemela to head Supreme Court of Appeal". Business Day. 17 April 2023. Retrieved 1 July 2023.
  26. Mthethwa, Cebelihle (27 May 2023). "Justice Molemela's appointment as President of the Supreme Court of Appeal welcomed". News24. Retrieved 1 July 2023.
  27. Wicks, Bernadette (3 February 2023). "Presidency: Plans under way to appoint Justice Molemela as SCA Judge President". EWN. Retrieved 1 July 2023.
  28. "President Cyril Ramaphosa appoints Madam Justice Mahube Betty Molemela as President of the Supreme Court of Appeal". South African Government. 26 May 2023. Retrieved 1 July 2023.
  29. "Appointment marks milestone for CUT". News24. 15 June 2016. Retrieved 1 July 2023.
  30. "Three honorary doctorates conferred". News24. 26 June 2019. Retrieved 1 July 2023.
  31. "Judge is on the run". News24. 24 April 2019. Retrieved 1 July 2023.
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