The Judicial Service Commission (JSC) of South Africa has commenced a two-week interview process to fill 22 vacancies in superior courts, including three positions at the Supreme Court of Appeal (SCA). Chief Justice Mandisa Maya is leading the JSC in the interviews, which started on Monday. The SCA is currently facing capacity and resources constraints, resulting in delayed judgments. The commission aims to address these challenges by appointing new judges.
The SCA vacancies are a priority, with candidates including Eastern Cape High Court Judge Gerald Bloem, KwaZulu-Natal judges Busisiwe Masipa and Esther Steyn, Gauteng High Court Judge Ingrid Opperman, and Northern Cape Deputy Judge President Violet Phatshoane. During the interviews, the JSC will assess the candidates' ability to deliver rulings on time, a critical aspect given the SCA's history of delayed judgments. SCA President Justice Mahube Molemela has emphasized the importance of timely judgments, highlighting that delays often lead to public criticism.
According to Mbekezeli Benjamin, a researcher at Judges Matter, a civil society group focused on enhancing transparency and accountability in South Africa's judiciary, the interview process is vital in addressing capacity problems in the judiciary. Benjamin noted that the SCA has faced criticism over the past three to five years for taking longer to deliver judgments, with some judgments taking up to a year. He emphasized that filling the vacancies is crucial to boosting the court's capacity and restoring its reputation for delivering judgments quickly.
The JSC's process aims to address the capacity problems faced by courts due to outstanding vacancies. Benjamin highlighted that some vacancies have been outstanding for months, while others have been vacant for years. The failure to fill vacancies timeously exacerbates the capacity challenges faced by courts, impacting their performance. With 22 posts available, the JSC's task is to select suitable candidates to fill these critical positions.
The candidates vying for the SCA posts have impressive credentials, with KwaZulu-Natal Justice Esther Steyn having the longest record as a permanent judge, appointed in 2009 with 17 years of experience. Northern Cape Deputy Judge President Violet Phatshoane has 15 years of experience, while Busisiwe Masipa has 10 years of experience. Gauteng High Court Judge Ingrid Opperman and Eastern Cape High Court Judge Gerald Bloem also bring significant experience to the table.
The interviews for the SCA positions will take place in Sandton, Johannesburg, and will be followed by interviews for posts in various other courts, including the labour court, labour appeal court, and high courts in several provinces. The JSC's task is to trim the list of candidates to three from five for the SCA posts, a challenge given the high caliber of the applicants.
The outcome of the interviews will be crucial in determining the future of South Africa's judiciary. With the SCA facing capacity constraints and criticism for delayed judgments, the appointment of new judges is seen as a critical step towards addressing these challenges. The JSC's process aims to ensure that the selected candidates possess the necessary skills and experience to contribute to the court's performance and restore public confidence.
Key points
- The Judicial Service Commission is interviewing candidates to fill 22 superior court vacancies, including three at the Supreme Court of Appeal.
- The Supreme Court of Appeal is facing capacity and resources constraints, resulting in delayed judgments.
- The JSC aims to address capacity problems in the judiciary by appointing new judges with the necessary skills and experience.
