The Judicial Service Commission (JSC) has announced that four judges - Bulelwa Pakati, Vuyokazi Noncembu, Buyiswa Majiki, and Fatima Dawood - fell short in their bid to fill the deputy judge president vacancy in the Eastern Cape. The JSC said that following interviews and deliberations, none of the candidates achieved the required majority of 13 votes. The commission has invited further deliberations and a second round of voting to try and fill the vacancy.
According to Judges Matter research and advocacy officer Mbekezeli Benjamin, the JSC has adopted a new Procedure and Regulations policy that regulates how it conducts interviews and arrives at its decisions. The policy requires a candidate to have a minimum of 13 votes to be recommended for appointment. If no candidate scores 13 votes, the JSC is required to go on to a second round of deliberations and voting, which is what happened in the case of the Eastern Cape deputy judge president position.
The JSC's new policy has been welcomed by Judges Matter, who hope that the commission will reconvene urgently and resolve on the appointment. The alternative would have been to leave the vacancy open until the April 2027 interviews or later, which would be disruptive to the functioning of the Eastern Cape high court. The current sitting of the JSC is scheduled to end next Tuesday, and it is expected that the commission will deliberate further and conduct a second round of voting before then.
Zolile Ngqeza, provincial chairperson of the Black Lawyers Association (BLA), said that the matter remains under advisement and the process is still ongoing. He outlined the qualities that, in his view, should guide the consideration of suitable candidates for judicial appointment in the province, including confidence, decisiveness, humility, and a commitment to development and empowerment.
Ngqeza also emphasized the importance of representivity, but said it should be considered alongside competence, integrity, independence, and a demonstrated commitment to advancing the broader objectives of a transformed judiciary. The BLA is one of the organizations that has been advocating for a more representative and effective judiciary in the Eastern Cape.
The deputy judge president vacancy in the Eastern Cape has been a subject of interest for some time, with many stakeholders eager to see it filled. The JSC's decision to hold a second round of voting has raised hopes that the vacancy will be filled soon. However, the process has been delayed, with Premier Oscar Mabuyane having to travel back to the Eastern Cape before the votes were announced.
The JSC's efforts to fill the vacancy are ongoing, with the commission expected to reconvene and conduct a second round of voting in the coming days. Key stakeholders, including Judges Matter and the BLA, are watching the process closely and have expressed their hope that the vacancy will be filled soon.
Key points
- The JSC will conduct a second round of voting to try and fill the deputy judge president vacancy in the Eastern Cape.
- The four candidates who fell short in the first round of voting were Bulelwa Pakati, Vuyokazi Noncembu, Buyiswa Majiki, and Fatima Dawood.
- The JSC's new policy requires a candidate to have a minimum of 13 votes to be recommended for appointment.
