AS Mzansi waits for President Cyril Ramaphosa to announce the new chief justice, the process followed has been heavily criticised.
The Judicial Service Commission (JSC) recommended Supreme Court of Appeal President Mandisa Maya as its preferred candidate.
She is the first woman to be recommended for the position.
However, the Helen Suzman Foundation said the interviews were not chaired properly and the organisation was considering taking the matter to court.
“We have said that we are considering legal action but rushing for litigation will be foolhardy. One of the consideration is that South Africa hasn’t had a chief justice for too long, and we are cognisant of the fact that any review proceedings will delay such an appointment,” said executive director Nicole Fritz.
He said the commissioners failed in their roles.
Council for Advancement of the SA Constitution (Casac) said the JSC was attempting to take the president’s constitutional power to appoint the country’s chief justice.
“The role of JSC is to advise the president on all four candidates it interviewed and not to choose for him,” said Casac’s executive secretary Lawson Naidoo.
Freedom Under Law’s Johan Kriegler, who is a former Constitutional Court Justice, said the appointment is the president’s exclusive prerogative.
The chief justice position became vacant when Mogoeng Mogoeng’s term came to an end in October last year.
Gender activist Nomboniso Gasa urged Maya not to accept the nomination.
“I hope she politely declines that poisoned chalice,” said Gasa.
She said in 2011, Sisi Virginia Khampepe was reported to be former president Jacob Zuma’s favourite for chief justice and she declined that nomination.
Also in the running for the position are Acting Chief Justice Raymond Zondo, Justice Mbuyiseli Madlanga and Gauteng Judge President Dunstan Mlambo.
However, the Black Business Council (BBC) said it was time for a female chief justice.
BBC CEO Kganki Matabane said: “The BBC believes that all candidates interviewed are capable of being appointed as chief justice, but the time has duly arrived for the country to appoint its first ever female chief justice.
“The BBC reckons that it will be an excellent affirmation for gender equality, mainstreaming and transformation as well as a huge milestone to our 28-year-old democracy to have a female as a chief justice of the Republic of South Africa.”
