Feminist Legal Studies 23 (2):127-148 (2015)

Although the obligation to appoint women as judges originates from the constitutional injunction to consider “the need for the judiciary to reflect broadly the racial and gender composition of South Africa,” gender transformation has lagged behind racial transformation of the bench. During the past four years, however, the lack of women appointees has become a more contested issue. This paper investigates the relationship between gender transformation and racial transformation of the judiciary in public debates around the judiciary. Despite the universally voiced concern about the lack of women judges, the most frequent and acrimonious public disputes continue to centre upon racial issues. The imperative to appoint women judges is often articulated as an alternative to appointing black judges, although the statistics show that the greatest need is for the appointment of black African women. Debates on gender transformation of the bench also remain premised on a formal notion of equality that focuses on numbers of women judges rather than on appointing male or female judges who are committed to challenging gender oppression. This means that the entrenched professional cultures, norms and structures that benefit men are left unchallenged.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/s10691-015-9285-5
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 70,307
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Add more references

Citations of this work BETA

Touchstones: Editorial Introduction 23.Ruth Fletcher - 2015 - Feminist Legal Studies 23 (2):121-126.

Add more citations

Similar books and articles

New South African Trap-Door Spiders of the Familyctenizidæin the Collection of the South African Museum.W. F. Precell - 1900 - Transactions of the South African Philosophical Society 11 (1):348-382.
Own-Race-Absent Racism.T. Martin - 2009 - South African Journal of Philosophy 28 (1):25-33.
On the South Africantheraphosidæ, or “Baviaan” Spiders, in the Collection of the South African Museum.W. F. Purcell - 1900 - Transactions of the South African Philosophical Society 11 (1):319-347.
Poisoning the Well and Epistemic Privilege.Ben Kotzee - 2010 - Argumentation 24 (3):265-281.


Added to PP index

Total views
13 ( #769,586 of 2,507,870 )

Recent downloads (6 months)
1 ( #416,715 of 2,507,870 )

How can I increase my downloads?


My notes