Fayeeza Kathree-Setiloane

Kathree-Setiloane was born on 19 August 1965 in Durban in the former Natal Province. She attended the University of Natal, where she completed a Bachelor of Arts in 1988 and a Bachelor of Laws in 1991; while a student, she was a research assistant at the university's Centre for Socio-Legal Studies. She was a fellow at the Legal Resources Centre in Durban between 1991 and 1992, during which time she was also involved in Agenda, a prominent feminist journal – she was a member of its editorial board and wrote a regular column on "Judges and Gender". She left Durban to attend the Georgetown University Law Center on a Fulbright Scholarship, and she completed a Master of Laws there in 1993. == Legal practice ==

Upon her return to South Africa, in the months ahead of the first post-apartheid general election, Kathree-Setiloane worked briefly as an elections administrator for the Independent Electoral Commission in the Northern Cape. She was also a member of the editorial board of the South African Journal of Human Rights between 1997 and 2006. In October 2006, Kathree-Setiloane left the bar to join Werksmans Advisory Services, where she served as a director and in-house counsel; she was also a member of the executive committee of its parent company, Werksmans Attorneys, from 2008 to 2010. She returned to practice at the Bar at the beginning of 2010, but within a month was appointed as an acting judge of the South Gauteng High Court. == Gauteng High Court: 2010–2023 ==

Kathree-Setiloane acted in the Gauteng High Court between 1 February and 30 October 2010, She joined the Gauteng High Court bench permanently on 31 October. Other prominent matters heard by Kathree-Setiloane included Export Development Canada's challenge to the use by the controversial Gupta family of a private jet leased from StoneRiver; a dispute between South African Airways and SA Airlink about debts owed by a company in business rescue; and the case which resulted in Supra Mahumapelo's reinstatement to his leadership position in the African National Congress (ANC). She was also scheduled to hear the ANC's case against the Goodman Gallery and City Press in the Spear matter, until the Deputy Judge President ordered a hearing in front of the full bench. Secondments While serving on the High Court bench, Kathree-Setiloane acted in higher courts on several occasions. Her stints as an acting judge of the Labour Appeal Court, for various periods between 2014 and 2022, generated 20 reported judgements. During that period, she wrote the Constitutional Court's unanimous judgement in S.O.S Support Public Broadcasting Coalition v South African Broadcasting Corporation, which concerned the Competition Commission's powers to investigate to a deal that gave MultiChoice exclusive rights to air content from the SABC's archive. Misconduct complaint While Kathree-Setiloane was acting on the Constitutional Court in 2017, two of her law clerks lodged a complaint against her, alleging that she had mistreated them. One of the aggrieved clerks was Wela Mlokoti, the daughter of Supreme Court President Mandisa Maya. The Judicial Conduct Committee of the Judicial Service Commission referred the complaint to Gauteng Judge President Dunstan Mlambo, who dismissed it. However, Mlokoti appealed his decision, and, in July 2022, the Judicial Conduct Appeal Committee upheld one of her four grounds of complaint, finding that Kathree-Setiloane had falsely impugned Mlokoti's behaviour in an email that was distributed internally. The other three grounds of complaint were dismissed. The Judicial Conduct Committee noted that Kathree-Setiloane had already apologised privately to Mlokoti, but nonetheless ordered her to issue a written apology to Mlokoti and to all staff of the Constitutional Court. Although she was considered to be one of the favourites among the six candidates, her interview was contentious. She also pointed out that while one of the aggrieved clerks had been transferred to another judge, the other had continued to work well with her until the end of her acting stint. During her interview in April 2021, members of the Judicial Service Commission were again critical of her personal temperament, with Julius Malema accusing her of being "condescending" towards her junior colleagues; and commentators described her interview answers as "long, meandering and nervous". However, the non-profit Council for the Advancement of the South African Constitution (CASAC) laid a formal complaint against the Judicial Service Commission, accusing it of running an inappropriate interview process in respect of several of the candidates; among other things, CASAC said that Kathree-Setiloane had been "ambushed, required to answer false allegations and wilfully misinterpreted and thereafter unfairly attacked" during her interview, with "'temperament' and 'collegiality'... used with a peculiar and unique vehemence against Kathree-Setiloane". As a result of CASAC's complaint, the Judicial Service Commission nullified its recommendations and re-interviewed all the candidates in October 2021. The fresh round of interviews had the same outcome, and Kathree-Setiloane was again one of five candidates recommended for appointment to the two vacancies. However, in December 2021, President Cyril Ramaphosa announced that he had selected Jody Kollapen and Rammaka Mathopo for the positions; Kathree-Setiloane was among the three nominees who were not appointed. 2022 nomination In 2022, Kathree-Setiloane was once again interviewed for two vacancies at the Constitutional Court, this time on a shortlist of only five candidates. Her interview was cordial and she said that she had become more "tempered" and "calmer" since the last round of interviews. but President Ramaphosa again declined to appoint her, selecting Owen Rogers instead. == Supreme Court of Appeal: 2023 ==

In October 2023, Kathree-Setiloane appeared before the Judicial Service Commission again, this time to interview for one of four vacancies on the Supreme Court of Appeal. At that time, she was the most senior woman judge at the Johannesburg High Court and was serving her third consecutive term as an acting judge in the Supreme Court. Describing herself as a "veteran" of the Judicial Service Commission interviews, Kathree-Setiloane told the panel that the Supreme Court's deputy president, Xola Petse, had personally invited her to interview for the position, and that her ambition to serve on the Constitutional Court would not undermine her commitment to the Supreme Court. and the Judicial Service Commission recommended her and Shane Kgoele for appointment. On 7 November, President Ramaphosa confirmed her permanent appointment to the Supreme Court of Appeal, with effect from 1 December 2023. == Personal life ==

She is married to businessman Thero Setiloane; they do not have children. == References ==