The Judicial Service Commission (JSC) has ended interviews for the Eastern Cape deputy judge president position without naming a recommended candidate. The post has been vacant for over a year in a province where court performance is described as uneven. The JSC stated that results of their deliberations will be announced when they are ready. This development has raised concerns about the effectiveness of the judiciary in the Eastern Cape.
During the interviews, judges' reluctance to discuss sexual harassment came under scrutiny amid the ongoing misconduct saga involving Judge President Selby Mbenenge. Mbenenge remains on special leave but still in office after successfully obtaining an interdict pending his review of the JSC finding that he was guilty of gross misconduct for sexual harassment. The matter dates back to 2023 when his court secretary, Andiswa Mengo, laid a complaint.
Judge Buyiswa Majiki replied to a question on hesitancy to discuss sexual harassment, stating that there would be reluctance to interact with the issue in the Eastern Cape. She added that while they are aware of the issue, there is a restrained discussion about it, possibly until the issues are finalised. However, Judge Vuyokazi Noncembu took a different view, pointing out that Eastern Cape judges fully participated in training and a wellness retreat that discussed sexual harassment.
The deputy judge president vacancy arose in 2025 when Judge David van Zyl retired. Although the JSC interviewed for the post in October 2025, it was not filled. The position did not come up in April 2026 when the JSC filled other vacancies in the Eastern Cape. The JSC also interviewed for other positions, with Judge Fathima Dawood and Judge Bulelwa Pakati discussing their approaches to addressing challenges in the Eastern Cape high courts.
The pressure was on Eastern Cape high courts, particularly Mthatha, which has faced challenges with case management, slow case finalisation, and disarray in the master's office. Chief Justice Mandisa Maya asked Judge Dawood why she was "running away" from Mthatha to the better-organised Gqeberha court. Dawood stated that she was not running away but acknowledged that problems existed, and they cast a bad light on all of them.
The issues around the Mthatha high court also came to the fore when Justice Minister Mmamoloko Kubayi asked Judge Gerald Bloem why litigants were choosing the Makhanda court rather than Bisho or Mthatha. Bloem replied that unopposed matters could have been enrolled elsewhere, but banks prefer to do it in Grahamstown, where matters are dealt with quickly.
The JSC recommended judges Mfuniselwa Nkosi and James Lekhuleni for the two vacancies on the Competition Appeal Court to President Cyril Ramaphosa. The Eastern Cape recommendation remains undecided. Age-related issues were also discussed during the interviews, with some judges approaching retirement age and others lacking experience.
Key points
- The Judicial Service Commission has not released a recommendation for the Eastern Cape deputy judge president post.
- The judiciary in the Eastern Cape faces challenges, including uneven performance and reluctance to discuss sexual harassment.
- The JSC recommended two judges for vacancies on the Competition Appeal Court.
