Tapiwa Gandidze: Zimbabwe-born candidate for Labour Court questioned on citizenship during JSC interview

A Zimbabwe-born legal candidate, Tapiwa Gandidze, faced questions about her citizenship status during her interview with the Judicial Service Commission (JSC) on Tuesday.

Gandidze, who is one of four candidates being considered for a Labour Court judge position, was questioned by Chief Justice Mandisa Maya about her nationality, despite South African law not requiring judges to be citizens—except for those appointed to the Constitutional Court.

Judicial Service Commission Interviews Underway

The JSC is conducting interviews to fill vacancies in the Labour Court and the Electoral Court. These courts play a crucial role in handling employment disputes and electoral matters, making the selection process a matter of national interest.

During her interview, Gandidze was asked about her background. Chief Justice Mandisa Maya specifically inquired whether she held South African citizenship and, if so, when she had obtained it.

Tapiwa Gandidze

Maya: “You mentioned that you were born in Zimbabwe and just to make sure that we comply with the Constitution, you are a South African citizen?”

Gandidze: “I am.”

Maya: “When did you acquire that citizenship?”

Gandidze: “[In] 2016, 2017.”

Her response confirmed that she has been a naturalized South African citizen for nearly a decade.

Scrutiny Over Foreign National Cases

Following this line of questioning, Commissioner Mwelo Nonkonyana sought to establish whether Gandidze had experience handling cases involving foreign nationals.

Nonkonyana: “Have you presided over any cases involving foreign nationals?”

Gandidze: “I am not aware of any matter that I have worked on where there were foreign nationals involved, but if the papers do not refer to the fact that they are foreign nationals, I have no way of knowing.”

Gandidze clarified that she has always applied South African law impartially, regardless of the nationality of those involved in the cases she adjudicates.

Legal Experts Weigh In

Legal experts have pointed out that the South African Constitution does not require judges of the Labour Court or Electoral Court to be citizens. While the Constitutional Court requires its judges to be South African citizens, this condition does not extend to lower courts.

Some commentators have questioned why citizenship was a focal point of Gandidze’s interview, suggesting that the emphasis on her nationality might indicate bias against foreign-born legal professionals. Others argue that ensuring judicial candidates meet constitutional requirements is a standard and necessary part of the JSC’s vetting process.

Gandidze’s Approach to the Law

Throughout her interview, Gandidze repeatedly emphasized that she strictly applies the law without bias. She explained that when reviewing cases, she focuses on legal principles rather than personal circumstances of the individuals involved.

Her response to the citizenship questioning reflects her commitment to upholding the rule of law, regardless of background or national identity.

A Step Forward or a Step Back?

The scrutiny over Gandidze’s citizenship has sparked debate over whether foreign-born legal professionals face additional barriers in advancing within South Africa’s judiciary.

Some argue that her qualifications and experience should be the primary factors in determining her suitability for the Labour Court position. Others, however, believe that her citizenship history is a relevant topic, as judges are entrusted with interpreting and applying laws that impact South African citizens and residents.

As the JSC continues its selection process, legal observers and the public will be watching closely to see whether Gandidze secures the Labour Court position and whether similar scrutiny is applied to other candidates.

Regardless of the outcome, the debate over citizenship, representation, and diversity in South Africa’s judicial system is likely to continue.