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JSC defers Constitutional Court interviews again

JSC received four nominations, but one 'was not shortlisted to be interviewed'

Franny Rabkin Legal correspondent
The search continues for a Constitutional Court justice as the latest round of JSC interviews fail to find a candidate. File photo.
The search continues for a Constitutional Court justice as the latest round of JSC interviews fail to find a candidate. File photo.
Image: Beeld / Felix Dlangamandla

The Judicial Service Commission (JSC) announced on Friday it had, for a second time, failed to secure enough suitable candidates to interview for a vacant post at the Constitutional Court.

In a repeat of what happened before the October interviews last year, the JSC said it had received four nominations, but one “was not shortlisted to be interviewed”.

The position on the apex court has been vacant for more than a year since the retirements of justices Sisi Khampepe and Chris Jafta in October 2021.  

The constitution requires the JSC to prepare a list of nominees with three names more than the number of appointments to be made. If there is one vacancy, the list of nominees for the president must comprise four names. If there are two vacancies, the list must comprise five. The president then makes his choice from that list.

With only three interviewable candidates for the vacancy, the JSC said:  “Accordingly, no candidates will be interviewed for the Constitutional Court in April.”

Before October last year, the JSC said it had “considered” four nominations for the vacancy and “one of the candidates was not shortlisted”.

On Friday, the JSC also said no candidates had been nominated for the judge member of the electoral court and that the JSC decided not to shortlist the only nominated candidate for deputy judge president of the labour court and labour appeal court.

Only two candidates were shortlisted for five vacancies on the competition appeal court: Western Cape judge Lister Nuku and Gauteng High Court judge Brian Spilg. 

The JSC said it would be conducting interviews from April 17 to 21.

TimesLIVE


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