The Judicial Service Commission (JSC) has recommended three judges for appointment to the Supreme Court of Appeal (SCA), following interviews conducted on Monday to fill three vacancies in the appellate court. The JSC, chaired by Chief Justice Mandisa Maya, interviewed five candidates for the positions. The recommended judges are Eastern Cape high court judge Gerald Bloem, Northern Cape deputy judge president Violet Phatshoane, and KwaZulu-Natal judge Esther Steyn.
The interviews highlighted concerns over the use of artificial intelligence (AI) in judicial work, with judges being questioned on their stance on AI and its potential role in their decision-making processes. Judge Ingrid Opperman's judgment about an acting judge who cited nonexistent law or incorrect cases, suggesting AI was used, was a key factor in the interviews. The JSC is keenly aware of the need for judges to deliver timely judgments, a critical aspect of the SCA's work.
Judge Gerald Bloem, who has 11 years of experience on the bench, described himself as "conservative" and emphasized his preference for writing his own judgments without relying on AI. Bloem has a reputation for delivering judgments within weeks, a trait that was praised by SCA Deputy Judge President Dumisani Zondi. This is Bloem's third attempt to secure a post on the SCA. His experience and approach to judicial work were key factors in his recommendation.
KwaZulu-Natal judge Busisiwe Masipa, who appeared before the JSC for the fourth time, is part of a judicial committee tasked with drafting AI policy for judges. Masipa emphasized that the use of AI would not include writing judgments, but rather assist with tasks such as grammar and text. However, her interview was impacted by her listing of co-written judgments in the JSC's interview questionnaire, which raised concerns about her ability to work independently.
Judge Violet Phatshoane, with the most judicial leadership experience among the candidates, acknowledged that the judiciary cannot avoid the use of AI, but emphasized that it should be used as a tool and not replace judges' responsibilities. Phatshoane's experience and approach to AI were key factors in her recommendation. The JSC continues to prioritize the appointment of judges who can deliver timely and high-quality judgments.
The recommended judges will help address capacity issues in the SCA, which has been struggling with a significant backlog of cases. The JSC's emphasis on timely judgments and the responsible use of AI reflects the changing landscape of judicial work. The commission's recommendations will be submitted to the President for appointment.
The JSC will continue with interviews on Tuesday to fill 22 vacancies in various courts, as part of its efforts to strengthen the judiciary and improve its capacity to deliver high-quality justice. The commission's work is critical to ensuring that the judiciary is equipped to handle the complex and evolving needs of the justice system.
Key points
- The Judicial Service Commission recommended three judges for appointment to the Supreme Court of Appeal: Gerald Bloem, Violet Phatshoane, and Esther Steyn.
