LIVE | Chief justice candidates face JSC interviews

Petse says he believes Madlanga’s record as a judge “speaks for itself”.

Madlanga has written a number of far-reaching rulings: In June 2020, on behalf of the Constitutional Court’s majority, he ruled that the Electoral Act was unconstitutional because it did not allow citizens to be elected to the national and provincial legislatures as independent candidates – a decision that would have a game-changing impact during South Africa’s recent local government elections.

The following year, Madlanga confirmed that the Regulation of Interception of Communication Act (RICA) was unconstitutional, to the “extent that it fails to provide adequate safeguards to protect the right to privacy”. That judgment could prove to be pivotal to ensuring that journalists and lawyers are not subjected to unlawful surveillance. 

Madlanga also wrote the Constitutional Court ruling that confirmed that Zuma’s appointment of NPA head Shaun Abrahams was unlawful – and later reversed a personal costs order given against Public Protector Busisiwe Mkhwebane in her battle with the SA Revenue Service over. Zuma’s tax records, on the basis that it was unjustified.

– Karyn Maughan

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