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, and Eastern Cape high court judge Gerald Bloem, Northern Cape deputy judge president Violet Phatshoane, and KwaZulu-Natal judge Esther Steyn were successful.
The interviews highlighted the judiciary's concerns over the use of artificial intelligence (AI) in the judicial process. Judges' use of AI was a focal point during the interviews, with some candidates expressing their reservations about relying on AI in their work. 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.
Gerald Bloem, the oldest of the candidates with 11 years of experience on the bench, described himself as "conservative" and told the panel he would rather write his own judgments and not rely on AI. Bloem has a reputation for delivering judgments within weeks, which is a key aspect of the SCA's work. He is attempting to secure the post for the third time.
KwaZulu-Natal judge Busisiwe Masipa, who appeared before the JSC for the fourth time for the SCA post, is part of a judicial committee tasked with drafting AI policy for judges. Masipa told the panel that the use of AI for judges would not include the writing of judgments, and the policy is likely to be released this year. However, Masipa's interview was impacted by her listing of co-written judgments in the JSC's interview questionnaire.
Northern Cape deputy judge president Violet Phatshoane, who had the most judicial leadership experience of the candidates, told the panel that the judiciary cannot avoid the use of AI. Phatshoane emphasized that AI should be used as a tool, but not to take over the responsibilities of judges. KwaZulu-Natal judge Esther Steyn, who has experience in the Electoral Court, was also recommended for appointment.
The JSC continues with interviews on Tuesday to fill 22 vacancies in courts. The commission has constantly criticized judges who delay delivering judgments, which has led to some missing out on promotion. Delivering timely judgments is central to the work of the SCA.
The recommended judges will fill crucial positions in the SCA, which has been struggling with capacity issues. The JSC's recommendations will be submitted to the President for appointment. The SCA plays a critical role in the South African judiciary, and the appointment of new judges is expected to enhance its capacity to deliver timely and effective judgments.
Key points
- The Judicial Service Commission recommended three judges for appointment to the Supreme Court of Appeal.
- The use of artificial intelligence in the judiciary was a focal point during the interviews.
- The JSC continues with interviews to fill 22 vacancies in courts.
