Wendy Hughes (born 28 February 1968), formerly known as Wendy Hughes-Madondo, is a South African judge of the Supreme Court of Appeal. Formerly an attorney in private practice, she was a judge of the Gauteng High Court from July 2013 until July 2021, when she was appointed to the Supreme Court of Appeal.

Wendy Hughes
Judge of the Supreme Court of Appeal
Assumed office
1 July 2021
Appointed byCyril Ramaphosa
Judge of the High Court
In office
1 July 2013 – 30 June 2021
Appointed byJacob Zuma
DivisionGauteng
Personal details
Born (1968-02-28) 28 February 1968 (age 56)
Natal, South Africa
Alma materUniversity of Durban–Westville

Early life and education

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Hughes was born on 28 February 1968 in present-day KwaZulu-Natal.[1] She matriculated at Wentworth Senior Secondary School in Durban and attended the University of Durban–Westville, where she completed a BProc in 1993 and an LLB in 1996. Later, in 1999, she received an advanced diploma in labour law from the Rand Afrikaans University.[1]

Career as an attorney

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Hughes was an articled clerk at Mlaba Makhaye and Partners in Durban between 1993 and 1995, and she was admitted as an attorney in December 1995.[1] In 1996, she joined Kruger Ngcobo, a KwaZulu-Natal-based firm, where she worked for five years. She left to become the sole director of her own firm, Hughes-Madondo Incorporated, which she ran between 2001 and 2013.[1] During this period, from 1999 to 2005, she was also a part-time commissioner at the Commission for Conciliation, Mediation and Arbitration in KwaZulu-Natal.[1]

Between June 2008 and June 2009, Hughes completed the Aspirant Women Judges Programme, which aimed to elevate women to the bench of the High Court of South Africa. After that, she was invited to act as a judge in the High Court on several occasions – in the KwaZulu-Natal Division in 2009, in the Northern Cape Division between 2010 and 2012, and in the Gauteng Division between 2012 and 2013.[1]

Gauteng High Court: 2013–2021

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In April 2013, the Judicial Service Commission recommended Hughes for permanent appointment to the Gauteng High Court.[2] President Jacob Zuma confirmed her appointment the following month,[3] and she joined the bench on 1 July 2013.[4] Hughes presided in Centre for Child Law v Media 24 Limited, a 2017 case concerning Zephany Nurse which later went to the Constitutional Court;[5] the Constitutional Court upheld her interpretation of the Criminal Procedure Act's requirements for protecting the anonymity of child victims.[6] Hughes also presided in prominent cases concerning the extension of the Zondo Commission[7][8] and Nkosana Makate's protracted battle with Vodacom over compensation for the "Please Call Me" concept.[9][10]

While serving in Gauteng, Hughes was an acting judge in the Constitutional Division of the High Court of Lesotho in April 2015, and she was an acting judge in the Supreme Court of Appeal on two occasions between December 2017 and November 2019.[1] In the latter capacity, she wrote the Supreme Court's 2018 judgement in the matter of Director of Public Prosecutions, Grahamstown v Peli, which dealt with the adjudication of mitigating circumstances in the sentencing of rape.[11]

Supreme Court of Appeal: 2021–present

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In February 2021, the Judicial Service Commission shortlisted Hughes for permanent appointment to one of five vacancies on the Supreme Court of Appeal.[12] The General Council of the Bar recommended against her appointment, submitting comments that were highly critical of the quality of her writing.[6] However, one of the Bar's representatives on the Judicial Service Commission, Dali Mpofu, defended Hughes during her interview in April 2021.[13] Judge President Mandisa Maya was also complimentary, telling the Commission that Hughes had maintained her work ethic as an acting Supreme Court judge even after both of her parents fell fatally ill.[14]

The Judicial Service Commission recommended Hughes for appointment.[15] She served a final acting stint on the Supreme Court in June 2021 before beginning her permanent tenure on 1 July 2021.[1]

References

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  1. ^ a b c d e f g h "Wendy Hughes". Supreme Court of Appeal. Retrieved 4 November 2023.
  2. ^ "Four new women judges recommended". News24. 11 April 2013. Retrieved 4 November 2023.
  3. ^ "Zuma addresses gender concerns with appointment of new judges". The Mail & Guardian. 16 May 2013. Retrieved 4 November 2023.
  4. ^ "President Jacob Zuma appoints judges". South African Government. 16 May 2013. Retrieved 4 November 2023.
  5. ^ Mitchley, Alex (11 July 2017). "Court dismisses application to prevent naming children in cases after they turn 18". News24. Retrieved 4 November 2023.
  6. ^ a b "Judge W Hughes". Judges Matter. Retrieved 4 November 2023.
  7. ^ Rabkin, Franny (24 February 2020). "State capture commission granted a 13-month extension". The Mail & Guardian. Retrieved 4 November 2023.
  8. ^ Maphanga, Canny (24 February 2020). "One more year for Zondo commission and no more extensions – High Court". News24. Retrieved 4 November 2023.
  9. ^ Mahlangu, Isaac (8 February 2022). "'Vodacom must make a fresh determination to Please Call Me inventor' — Judge Hughes". Sowetan. Retrieved 4 November 2023.
  10. ^ Khumalo, Sibongile (12 February 2022). "Court allows Vodacom to seek review in multimillion-rand Please Call Me compensation case". News24. Retrieved 4 November 2023.
  11. ^ "SCA replaces child rapist's six-year jail term with life imprisonment". Sunday Times. 29 March 2018. Retrieved 4 November 2023.
  12. ^ "JSC shortlists candidates for judicial positions". News24. 2 February 2021. Retrieved 4 November 2023.
  13. ^ "Judge forced to defend her level of English in Supreme Court interviews". Sunday Times. 14 April 2021. Retrieved 4 November 2023.
  14. ^ Chabalala, Jeanette (15 April 2021). "JSC concludes interviews for the 2 highest courts in SA". News24. Retrieved 4 November 2023.
  15. ^ Maughan, Karyn (15 April 2021). "Judicial Service Commission announces names of 5 judges for vacant SCA posts". News24. Retrieved 4 November 2023.
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