The Judicial Service Commission (JSC) begins its second round of 2023 interviews today for appointments to the benches of the Supreme Court of Appeal (SCA), the high courts of Limpopo and Gauteng and the labour and labour appeal courts.
Appointing these judges is essential for proper functioning of the judiciary. Experts say the focus will be on whether the JSC does so smoothly.
“For years, the JSC has come under severe criticism for its chaotic handling of judicial interviews,” said Mbekezeli Benjamin of judicial watchdog Judges Matter. “Previous interviews have descended into political mudslinging and attacks on candidates instead of a scrutiny of their judicial and legal track records.”
But this has changed. “At its April 2023 sitting, the JSC adopted written criteria for judicial appointments,” said Benjamin.
“Importantly, the new criteria include questioning guidelines for commissioners, and significant power to the chief justice to overrule irrelevant questions.” This led to a much smoother April round of interviews.
Lining up to be interviewed in October are recurring JSC candidates, experienced counsel, academics and specialists.
Candidates for the SCA are due to be heard on Monday and Tuesday.
Benjamin said the SCA was “still the best-performing superior court”, exceeding its 80% target of finalised cases in 2021/22.
“The SCA is also more diverse, with 73% of its judges being black, and 11 of 23 judges being women,” said Benjamin.
The SCA is not without issues though. “Through retirements, a death and promotions in the past five years, the SCA has lost about 201 years of appellate experience,” Benjamin said. The JSC is “under some pressure to bolster that experience in key areas, including commercial law, delict, administrative law, and specialised fields like tax and intellectual property law”.
Candidates appearing on Monday will include experienced Johannesburg high court judges Thina Siwendu, Fayeeza Kathree-Setiloane and David Unterhalter. Benjamin said they were all experienced commercial lawyers and had re-established the commercial court.
Kathree-Setiloane and Unterhalter have applied for SCA positions and both have applied three times to be appointed to the Constitutional Court, said Benjamin. This will be their second time applying for SCA positions.
Other candidates for the SCA position are judges:
- Johannes Daffue of the Free State;
- Shane Kgoele of Mpumalanga;
- Nelisa Mali of Gauteng;
- Mokgere Masipa of KwaZulu-Natal;
- Violet Phatshoane of Northern Cape; and
- Eastern Cape judges John Smith and Gloria Mjali, with their deputy judge president, Zamani Nhlangulela.
All 11 have had acting stints at the SCA.
Also on Tuesday, the JSC will hear from one candidate for the electoral court, Johannesburg high court judge Leicester Adams.
Wednesday will be entirely focused on the labour courts and the labour appeal court.
Benjamin said: “The JSC will finally appoint a deputy judge president for the labour and labour appeal court after a seven-year vacancy. Gauteng high court judge Edwin Molahlehi — who previously served a decade in the labour court — is the only candidate shortlisted.”
There are five candidates for the labour courts and four for the labour appeal court (LAC). The candidates for the LAC are labour court judges Zolashe Lallie, Portia Nkutha-Nkontwana and Andre van Niekerk; and Western Cape High Court judge Kate Savage.
The JSC has set aside an entire day for SA’s busiest division, the Gauteng division, including the Johannesburg and Pretoria high courts.
Benjamin said: “Five of the seven candidates on the Gauteng high court shortlist are senior counsel, one of whom, Omphemetse Mooki, is a Rhodes Scholar with degrees from Oxford and Stanford universities. Another candidate, Graham Moshoana, is already a labour court judge.”
Friday winds up with the KwaZulu-Natal and Limpopo high courts. Benjamin said that 60% of the candidates who applied for KwaZulu-Natal did not make the shortlist, including some of those who had previously interviewed. “This speaks to more rigorous selection.”
Limpopo has only one candidate, advocate Philemon Ledwaba, who has acted since 2019.
moosat@businesslive.co.za
JSC to interview second-round judicial candidates
Commissioners to adhere to questioning guidelines
Image: Supplied
The Judicial Service Commission (JSC) begins its second round of 2023 interviews today for appointments to the benches of the Supreme Court of Appeal (SCA), the high courts of Limpopo and Gauteng and the labour and labour appeal courts.
Appointing these judges is essential for proper functioning of the judiciary. Experts say the focus will be on whether the JSC does so smoothly.
“For years, the JSC has come under severe criticism for its chaotic handling of judicial interviews,” said Mbekezeli Benjamin of judicial watchdog Judges Matter. “Previous interviews have descended into political mudslinging and attacks on candidates instead of a scrutiny of their judicial and legal track records.”
But this has changed. “At its April 2023 sitting, the JSC adopted written criteria for judicial appointments,” said Benjamin.
“Importantly, the new criteria include questioning guidelines for commissioners, and significant power to the chief justice to overrule irrelevant questions.” This led to a much smoother April round of interviews.
Lining up to be interviewed in October are recurring JSC candidates, experienced counsel, academics and specialists.
Candidates for the SCA are due to be heard on Monday and Tuesday.
Benjamin said the SCA was “still the best-performing superior court”, exceeding its 80% target of finalised cases in 2021/22.
“The SCA is also more diverse, with 73% of its judges being black, and 11 of 23 judges being women,” said Benjamin.
The SCA is not without issues though. “Through retirements, a death and promotions in the past five years, the SCA has lost about 201 years of appellate experience,” Benjamin said. The JSC is “under some pressure to bolster that experience in key areas, including commercial law, delict, administrative law, and specialised fields like tax and intellectual property law”.
Candidates appearing on Monday will include experienced Johannesburg high court judges Thina Siwendu, Fayeeza Kathree-Setiloane and David Unterhalter. Benjamin said they were all experienced commercial lawyers and had re-established the commercial court.
Kathree-Setiloane and Unterhalter have applied for SCA positions and both have applied three times to be appointed to the Constitutional Court, said Benjamin. This will be their second time applying for SCA positions.
Other candidates for the SCA position are judges:
All 11 have had acting stints at the SCA.
Also on Tuesday, the JSC will hear from one candidate for the electoral court, Johannesburg high court judge Leicester Adams.
Wednesday will be entirely focused on the labour courts and the labour appeal court.
Benjamin said: “The JSC will finally appoint a deputy judge president for the labour and labour appeal court after a seven-year vacancy. Gauteng high court judge Edwin Molahlehi — who previously served a decade in the labour court — is the only candidate shortlisted.”
There are five candidates for the labour courts and four for the labour appeal court (LAC). The candidates for the LAC are labour court judges Zolashe Lallie, Portia Nkutha-Nkontwana and Andre van Niekerk; and Western Cape High Court judge Kate Savage.
The JSC has set aside an entire day for SA’s busiest division, the Gauteng division, including the Johannesburg and Pretoria high courts.
Benjamin said: “Five of the seven candidates on the Gauteng high court shortlist are senior counsel, one of whom, Omphemetse Mooki, is a Rhodes Scholar with degrees from Oxford and Stanford universities. Another candidate, Graham Moshoana, is already a labour court judge.”
Friday winds up with the KwaZulu-Natal and Limpopo high courts. Benjamin said that 60% of the candidates who applied for KwaZulu-Natal did not make the shortlist, including some of those who had previously interviewed. “This speaks to more rigorous selection.”
Limpopo has only one candidate, advocate Philemon Ledwaba, who has acted since 2019.
moosat@businesslive.co.za
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