Celebrating SA’s first woman chief justice

Nomonde Mnukwa

One of the first priorities of the democratically elected government in 1994 was to transform our country, and to increase the representation of women in positions of power and authority in all spheres of life.

This commitment to make fundamental changes was inspired by a desire to bring to fruition the dreams and aspirations of generations of fearless women who fought for equality. This includes the women who marched to the Union Buildings in 1956, in defiance of an illegitimate regime and demanded that their voices be heard.

They, along with many others in our history, paved the way for women to have equal opportunities and to participate in all spheres of life. Inspired by these women, South Africa has implemented polices and enacted legislation to ensure that women are represented at all levels of society.

As the country, we are getting closer to gender parity in institutions such as the judiciary, Parliament, the public service, armed forces and in many local councils. In Parliament, women representation increased from 28% in 1994 to 43% in 2024 while women in senior management positions in the private sector and in government increased from 20% in 2001 to 36% in 2021.

Women in the public sector hold 46% of management positions.

Younger women also have a higher chance of being promoted with 9.6% of women younger than 35 currently holding management positions.

In the judiciary, there were 253 judges as at February 2023, of which 113 are women (45%) compared to 165 judges in 1994 of whom only two were women. Today, female judges are represented at all levels of the judiciary. President Cyril Ramaphosa has recently appointed Justice Mandisa Maya as the Chief Justice of the Republic, something all of us should welcome.

Justice Maya brings with her a legal brilliance and a wealth of experience acquired over many decades in the legal profession. Justice Maya and other women judges contribute a unique viewpoint to the judiciary and a previously male-dominated profession.

Gone are the days when women were made solely responsible for handling domestic responsibilities due to prevailing gender stereotypes.

Justice Maya becomes the first woman to be appointed chief justice since 1994, and the first woman to assume the post since the position was created in 1910. She also served with distinction as the president of the Supreme Court of Appeal since 2017 and was also the first woman to hold that position. She takes over from Chief Justice Raymond Zondo.

Justice Maya’s appointment represents a major milestone in the transformation of our judiciary and comes as we mark 101 years since women were allowed to practice as legal practitioners. It is an achievement brought about by years of dedication to her craft and is also testament to the call for the total liberation of women by former president Nelson Mandela.

Delivering a speech during the International Women’s Day in 1996, Madiba said: “As long as women are bound by poverty and as long as they are looked down upon, human rights will lack substance.

“As long as outmoded ways of thinking prevent women from making a meaningful contribution to society, progress will be slow.

“As long as the nation refuses to acknowledge the equal role of more than half of itself, it is doomed to failure.”

We have over the past 30 years made great advances in improving the lives of women.

However, there is consensus that more still needs to be done to ensure that we truly create an inclusive society where women feel free and get the benefits of having access to equal opportunities. Let us therefore unite like the women of 1956 and ensure that women reach their full potential as well as grow South Africa together.

Mnukwa is Acting Director-General of the Government Communication and Information System.

Cape Times