Judge Fayeeza Kathree-Setiloane – Supreme Court Of Appeal – Confidence

This week on Womanity, Dr Amaleya Goneos-Malka speaks with Judge Fayeeza Kathree-Setiloane from the Supreme Court of Appeal. Judge Fayeeza Kathree-Setiloane’s career mirrors South Africa’s own journey of transformation. From growing up under apartheid and becoming involved in student and workers’ rights activism, to studying human rights law as a Fulbright Scholar in the United States, her path into law was driven by a deep commitment to public interest and social justice.

Breaking Through a Male-Dominated Profession

Returning to South Africa in 1994, Judge Kathree-Setiloane entered a legal profession where women faced significant barriers. At the Johannesburg Bar, she encountered gender discrimination, limited access to briefs and expectations that women lawyers would gravitate towards particular areas of law. Rather than being defined by those expectations, she deliberately pursued constitutional, administrative, competition and telecommunications law, while also becoming involved in transforming the Bar itself.

The Power of Confidence – and Saying Yes

One of the most compelling themes in her story is confidence. Judge Kathree-Setiloane reflects on learning to take risks, overcome perfectionism and accept opportunities even when she did not feel completely prepared. Her experience offers an insightful lesson for women: sometimes you have to say yes first, then trust yourself to learn, grow and deliver.

Law as an Instrument for Social Change

Her career has placed her at the centre of cases with profound implications for human rights, dignity and equality, including challenges concerning reproductive rights and the constitutional recognition of same-sex relationships. These experiences demonstrate how legal practice can become part of the broader project of transforming society.

From Advocate to the Bench

Judge Kathree-Setiloane describes deliberately broadening her experience before moving into the judiciary, including gaining commercial exposure outside the traditional advocate pathway. Today, as a Judge of the Supreme Court of Appeal, she brings that breadth of experience to an appellate court that deals with matters ranging from criminal and commercial law to administrative and constitutional matters.

How Far Have Women Really Come?

Looking beyond legislation and formal equality, the conversation explores the gap between women’s constitutional rights and their lived realities. Judge Kathree-Setiloane highlights the continuing influence of power, patriarchy, cultural and religious norms, particularly within homes and communities, and the need for deeper structural change if women are to experience genuine equality and safety.

Women, Agency and the Future of Leadership

There is also an encouraging story of progress. Judge Kathree-Setiloane points to the growing representation of women in leadership across the judiciary and the emergence of a new generation of confident women lawyers. But representation alone is not enough: she argues that women must bring intellectual leadership to the institutions they lead.

The Meaning of Empowerment

For Judge Kathree-Setiloane, empowerment goes well beyond a title, position or professional success. It requires ethical, courageous and intellectually grounded leadership. A judge must be fearless, independent, fair and willing to express a dissenting view when necessary, while also remaining open to being persuaded by others.

A Message to the Next Generation

The conversation closes with an inspiring message to girls and young women: every woman has the potential to become a leader and to contribute to transforming society. Success does not mean sacrificing personal wellbeing or financial achievement; rather, women can build full, successful lives and use their position and resources to give back to society.

Special thanks to Lusanda Ntuli the Deputy Director: Communications at the Office of the Chief Justice who makes our annual series showcasing female judges possible.