Eastern Cape judge Gerald Bloem has appeared before the Judicial Service Commission (JSC) as part of the interview process for a position on the Supreme Court of Appeal (SCA). This is Bloem's third attempt to secure the post. During the interview, Bloem argued that it would be discriminatory to disqualify him solely based on his age. He emphasized that with his experience and skills, he could make a valuable contribution to the SCA despite having only about three-and-a-half years left before reaching the retirement age of 70.
The JSC is conducting interviews to fill three vacancies at the SCA. Bloem, 66, was the first of five candidates to be interviewed. Commissioner Kameshni Pillay raised concerns about his age, suggesting it might be a disadvantage given the limited time he has left to serve. Bloem countered that several judges have been appointed to the SCA with only a few years left before retirement. He cited the example of Justice Bashier Vally, who was appointed to the SCA in 2026 just before turning 67, and noted that he would not be the first judge to serve in this capacity with limited time remaining.
Bloem received praise from SCA deputy judge president Dumisani Zondi for his ability to deliver judgments timeously during his acting stints at the SCA. Zondi confirmed that Bloem has consistently delivered judgments within a month of a hearing, which aligns with judicial norms and standards that aim for judgments to be handed down no later than three months after the last hearing. This focus on timely judgments is a key consideration in the selection process for SCA candidates.
Mbekezeli Benjamin, a researcher at Judges Matter, a civil society research and advocacy group, offered a nuanced perspective on the role of age in the selection process. He suggested that age might not necessarily be a disadvantage, as more experienced judges can be more productive and contribute significantly to the court. Benjamin's comments highlight the complexities of balancing experience with the need for new perspectives in the judiciary.
The JSC's interviews with candidates for the SCA positions continue, with several other judges vying for the posts. KwaZulu-Natal judges Busisiwe Masipa and Esther Steyn, Gauteng high court judge Ingrid Opperman, and Northern Cape deputy judge-president Violet Phatshoane are among the other candidates. The commission will assess their qualifications, experience, and performance to make informed decisions about who will fill the vacancies at the SCA.
Bloem's argument that age should not be a barrier to his appointment has sparked a necessary conversation about the role of experienced judges in the judiciary. As the JSC weighs the merits of each candidate, it must consider a range of factors, including their experience, skills, and ability to contribute to the SCA. The commission's decisions will have a significant impact on the composition of the SCA and the administration of justice in South Africa.
The outcome of the JSC's interviews and the subsequent appointments to the SCA will be closely watched by various stakeholders, including the legal community, civil society organizations, and the general public. The SCA plays a critical role in shaping the country's jurisprudence and ensuring that justice is served. The appointment of suitable candidates is essential to maintaining the integrity and effectiveness of the judiciary.
Key points
- Judge Gerald Bloem, 66, argues that being disqualified from an SCA post due to age would be discriminatory.
- The JSC is conducting interviews to fill three vacancies at the SCA, with Bloem being the first of five candidates to be interviewed.
- The issue of timely judgments is a key consideration in the selection process, with Bloem praised for delivering judgments within a month of a hearing.
