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Xola Petse

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The Honourable
Xola Petse
Deputy President of the Supreme Court of Appeal
In office
1 June 2019 – 10 July 2024
Appointed byCyril Ramaphosa
PresidentMandisa Maya
Mahube Molemela
Preceded byMandisa Maya
Succeeded byDumisani Zondi
Judge of the Supreme Court of Appeal
In office
1 June 2012 – 10 July 2024
Appointed byJacob Zuma
Judge of the High Court
In office
10 July 2005 – 31 May 2012
Appointed byThabo Mbeki
DivisionEastern Cape
Personal details
Born
Xola Mlungisi Petse

(1954-07-10) 10 July 1954 (age 70)
Mqanduli, Cape Province
Union of South Africa
Alma materUniversity of Fort Hare
University of Natal

Xola Mlungisi Petse (born 10 July 1954) is a retired South African judge who was the Deputy President of the Supreme Court of Appeal between 2019 and 2024. A former attorney, he joined the Supreme Court as a puisne judge in June 2012. Before that, he was a judge of the Eastern Cape High Court from July 2005 to May 2012.

Early life and career

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Petse was born on 10 July 1954 in Qokolweni, a village in Mqanduli in the Eastern Cape.[1] After matriculating at Bensonvale High School in Sterkspruit in 1972,[1] he worked for two years as a clerk in the Department of Justice of the Transkei bantustan.[2] He resigned in 1975 in order to study law at the University of Fort Hare, where he completed a BProc in 1978.[1][3] Later, in 1989, he obtained an LLB from the University of Natal's Pietermaritzburg campus.[3]

Between 1982 and 2005, Petse practised as an attorney in the Eastern Cape.[1] He was one of the few admitted notaries in the Transkei and often represented anti-apartheid activists.[2]

Eastern Cape High Court: 2005–2012

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On 10 July 2005, Petse was appointed as a judge of the Eastern Cape Division of the High Court of South Africa, based at Mthatha.[1] He spent close to seven years in that court.[1]

Supreme Court of Appeal: 2012–present

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In April 2012, Petse was one of five candidates shortlisted and interviewed for possible appointment to one of two vacancies at the Supreme Court of Appeal.[4] He was viewed as one of the frontrunners, but his interview with the Judicial Service Commission was rigorous and included a prolonged debate with commissioner Fatima Chohan about the separation of powers.[5][6][7] He and Ronnie Pillay were the Judicial Service Commission's recommendations for appointment,[8] and President Jacob Zuma appointed them to the Supreme Court bench with effect from 1 June 2012.[9][10]

Secondment to the Constitutional Court: 2018

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In 2018, Petse was an acting justice of the Constitutional Court of South Africa, and he wrote several judgements for the court.[3] Among them were Mlungwana v State, a unanimous judgement (also known as SJC10) which ruled that the constitutional right to freedom of assembly was incompatible with provisions of the Regulation of Gatherings Act which required protestors to provide adequate notice before assembling,[11] and Maledu v Itereleng Bakgatla Mineral Resources, a unanimous judgement concerning a conflict between informal land rights under the Interim Protection of Informal Land Rights Act and mining rights granted in terms of the Mineral and Petroleum Resources Development Act.[12]

Deputy President: 2019–2024

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On 2 February 2019, President Cyril Ramaphosa announced that Petse was his sole nominee to fill the vacant position of Deputy President of the Supreme Court of Appeal.[13] Following an interview in April, the Judicial Service Commission endorsed the nomination,[14] and Ramaphosa finalised his appointment in June.[15] As Deputy President, Petse succeeded Mandisa Maya, who had been elevated to the court's presidency.

In February 2021, Petse chaired the Judicial Service Commission's interview process in the search for a new Chief Justice; he was one of the few senior judges who was not in the running for the position.[16][17] Many observers, including Dumisa Ntsebeza and Hugh Corder,[18][19] criticised him for allowing the proceedings to be diverted by inappropriate questions and unsubstantiated allegations.[20][21][22] In subsequent months, Maya was appointed as Deputy Chief Justice, and the National Association of Democratic Lawyers publicly endorsed Petse to succeed her permanently as Supreme Court President.[23] However, both Mondli Makhanya and the Daily Maverick speculated that his performance at the Judicial Service Commission had likely harmed his chances.[24][25] President Ramaphosa nominated Mahube Molemela instead, and Petse was criticised for questioning Molemela's interpersonal skills during her confirmation hearing in April 2023.[25] He stayed on as her deputy when she took office as Supreme Court President in June 2023, though he retired upon his seventieth birthday in July 2024.[26]

Personal life

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He is married to Sbongile Sybil Petse and has three children.[1] He was formerly the chancellor of the Anglican Diocese of Mbhashe in the Eastern Cape.[2]

References

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  1. ^ a b c d e f g "Petse, Xola Mlungisi: Deputy President". Supreme Court of Appeal. Retrieved 8 March 2021.
  2. ^ a b c "'I'm a new-generation judge'". News24. 12 May 2012. Retrieved 29 November 2023.
  3. ^ a b c "JSC Candidates Judge Xola Petse April 2019". Judges Matter. Retrieved 8 March 2021.
  4. ^ Tolsi, Niren (13 April 2012). "Interrogating the judges". The Mail & Guardian. Retrieved 29 November 2023.
  5. ^ Tolsi, Niren (20 April 2012). "Politicians grill 'outspoken' judges". The Mail & Guardian. Retrieved 29 November 2023.
  6. ^ Tolsi, Niren (26 April 2012). "JSC fractures reflect broader political fault lines". The Mail & Guardian. Retrieved 29 November 2023.
  7. ^ "Judicial independence features at judges' interviews". News24. 17 April 2012. Retrieved 29 November 2023.
  8. ^ Tolsi, Niren (24 April 2012). "Few surprises in JSC's picks for judicial vacancies". The Mail & Guardian. Retrieved 29 November 2023.
  9. ^ "Zuma appoints judges to high courts". The Mail & Guardian. 24 May 2012. Retrieved 29 November 2023.
  10. ^ "Appointment of Judges: Supreme Court of Appeal, Eastern Cape High Court, Northern Cape High Court, North and South Gauteng High Courts". The Presidency. 24 May 2012. Retrieved 29 November 2023.
  11. ^ "ConCourt judgment affirms right to protest without permission". The Mail & Guardian. 20 November 2018. Retrieved 29 November 2023.
  12. ^ Evans, Sarah (25 October 2018). "Landmark ConCourt judgment says mining rights do not trump lawful land occupier rights". News24. Retrieved 29 November 2023.
  13. ^ "Commission names judges shortlisted for key positions in SA courts". Sunday Times. 11 February 2019. Retrieved 29 November 2023.
  14. ^ Rabkin, Franny (2 April 2019). "Supreme Court of Appeal gets a new deputy president, five new judges". The Mail & Guardian. Retrieved 29 November 2023.
  15. ^ "These are the 5 judges appointed by Ramaphosa to the Supreme Court of Appeal". News24. 21 June 2019. Retrieved 29 November 2023.
  16. ^ Ferreira, Emsie (2 December 2021). "JSC interviews with candidates for chief justice set for early February". The Mail & Guardian. Retrieved 29 November 2023.
  17. ^ "SCA Acting Judge President Xola Petse to chair interviews for appointment of Chief Justice". IOL. 2 December 2021. Retrieved 29 November 2023.
  18. ^ Villiers, James de (11 February 2022). "Pabasa's Dumisa Ntsebeza: 'The conduct of certain officials left much to be desired'". News24. Retrieved 29 November 2023.
  19. ^ Corder, Hugh (14 February 2022). "South Africa's new chief justice: why the wheels came off the appointment process". City Press. Retrieved 29 November 2023.
  20. ^ Balthazar, Professor (27 February 2022). "When the choice of Chief Justice is tainted and polluted, the whole country suffers". Daily Maverick. Retrieved 29 November 2023.
  21. ^ Harvey, Ebrahim (11 February 2022). "Marshmallow questions and bias: The cloud over the JSC's Chief Justice interviews". News24. Retrieved 29 November 2023.
  22. ^ Davis, Rebecca (3 February 2022). "JSC plumbs new depths in Chief Justice interview derailed by anonymous rumours". Daily Maverick. Retrieved 29 November 2023.
  23. ^ Mabuza, Ernest (30 August 2022). "Suggestions put forward for Mandisa Maya's successor as she vacates SCA for apex court". Sunday Times. Retrieved 29 November 2023.
  24. ^ Makhanya, Mondli (13 March 2022). "Zondo: Now for the hard part of keeping the barbarians in their place". City Press. Retrieved 29 November 2023.
  25. ^ a b Davis, Rebecca (17 April 2023). "Top female judge accused of being 'abrasive' at JSC". Daily Maverick. Retrieved 29 November 2023.
  26. ^ "Top SA legal minds celebrated at rousing Mthatha event". Daily Dispatch. 22 July 2024. Retrieved 28 September 2024.
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