Eastern Cape judge Gerald Bloem has appeared before the Judicial Service Commission (JSC) in a bid to be appointed as a justice of the Supreme Court of Appeal (SCA). This is Bloem's third attempt to secure the position. During the interview, he argued that his age, 66, should not be a barrier to his appointment. The retirement age for judges is 70, which means Bloem would have approximately three-and-a-half years to serve if appointed.
Bloem was the first of five candidates vying for the SCA position to be interviewed by the JSC. Commissioner Kameshni Pillay raised concerns about his age, suggesting it might be a disadvantage. However, Bloem countered that it would be age discrimination if he were disqualified solely based on his age. He emphasized that the SCA has lost many senior judges in recent years and that experienced judges like himself are needed to fill the void.
The JSC is conducting interviews to fill three vacancies at the SCA. Bloem expressed his willingness to serve for the remaining three-and-a-half years, citing examples of judges who have been appointed at an older age. One such example is justice Bashier Vally, who was appointed to the SCA in 2026, a month before his 67th birthday. Bloem's experience and skills were highlighted by SCA deputy judge president Dumisani Zondi, who praised his ability to deliver judgments timeously during his acting stints at the SCA.
Bloem confirmed that he delivers judgments within a month of a hearing, which aligns with judicial norms and standards that stipulate judgments should be handed down no later than three months after the last hearing. This issue is a key focus during the interviews for SCA candidates. Mbekezeli Benjamin, a researcher at Judges Matter, noted that age might not necessarily be a disadvantage, as older judges often bring more experience and productivity to the bench.
Other candidates vying for the SCA position include KwaZulu-Natal judges Busisiwe Masipa and Esther Steyn, Gauteng high court judge Ingrid Opperman, and Northern Cape deputy judge-president Violet Phatshoane. The JSC will continue with interviews to fill the three vacancies. Bloem's application was supported by Zondi, who has worked with him in the past.
The interview process aims to assess the candidates' suitability for the SCA position. Bloem's argument that age should not be a barrier to his appointment has sparked debate. While some argue that older judges bring valuable experience, others may view age as a factor in a candidate's ability to serve.
The JSC's decision on the SCA appointments is eagerly anticipated. If appointed, Bloem would bring his experience and skills to the SCA. The commission's interviews will help determine the best candidates for the positions, considering factors such as age, experience, and productivity.
Key points
- Judge Gerald Bloem, 66, argues that his age should not bar him from appointment to the Supreme Court of Appeal.
- The Judicial Service Commission is conducting interviews to fill three vacancies at the SCA.
- Bloem's experience and ability to deliver judgments timeously were highlighted during his interview.
