The Judicial Service Commission (JSC) of South Africa, led by Chief Justice Mandisa Maya, has commenced a two-week interview process to fill 22 vacancies in superior courts. The vacancies include three positions at the Supreme Court of Appeal (SCA), which has been facing capacity and resource constraints, resulting in delayed judgments. The SCA has been criticized for taking longer to deliver judgments, with some taking up to a year.
The JSC will interview candidates for the SCA posts, including Eastern Cape High Court judge Gerald Bloem, who is making his third attempt for a permanent position. Other candidates vying for the SCA posts are KwaZulu-Natal judges Busisiwe Masipa and Esther Steyn, Gauteng High Court judge Ingrid Opperman, and Northern Cape deputy judge president Violet Phatshoane. The interview process will focus on the judges' ability to deliver rulings on time.
The SCA has been experiencing capacity problems, with delayed judgments being a major concern. SCA President Justice Mahube Molemela has frequently highlighted that delayed judgments often lead to public criticism of the court. According to norms and standards of the judiciary, every effort should be made to hand down judgments no later than three months after the last hearing.
Mbekezeli Benjamin, a researcher at Judges Matter, a civil society research and advocacy group, emphasized the importance of the JSC's interview process in addressing capacity problems in the judiciary. He noted that the SCA has been taking longer to deliver judgments, with some judgments taking up to a year to be handed down. Benjamin added that filling the vacancies is crucial to boosting the capacity of the courts.
One of the vacant positions at the SCA is that left by Justice Nambitha Dambuza-Mayosi, who was appointed to the Constitutional Court in May. Benjamin noted that the failure to fill vacancies timeously often adds to the capacity problems faced by courts. He also stated that some of the vacancies have been outstanding for months, while others have been outstanding for years.
The candidates vying for the SCA posts have significant experience on the bench. KwaZulu-Natal Justice Steyn has the longest record as a permanent judge, having been appointed in 2009 with 17 years of experience. Phatshoane has 15 years of experience, while Masipa has 10 years of experience. Opperman, who was shortlisted for Constitutional Court posts last year, has about nine years of experience as a judge.
The JSC will also interview candidates for posts in various high courts, labour courts, and the Land Court. The interview process for the SCA posts will take place in Sandton, Johannesburg. The JSC's efforts to fill the vacancies are expected to address the capacity problems faced by the courts and improve the delivery of judgments.
Key points
- The JSC aims to fill 22 superior court vacancies, including three at the Supreme Court of Appeal.
- The SCA has been facing capacity and resource constraints, resulting in delayed judgments.
- The interview process will focus on the judges' ability to deliver rulings on time.
