Judicial Service Commission interviews for superior court vacancies begin this week

The Judicial Service Commission (JSC) is conducting interviews this week to fill vacancies across the country’s superior courts. 

The interviews start on Tuesday and will last until October 15, where shortlisted candidates will be interviewed for vacancies in various courts, including the Constitutional Court, Supreme Court of Appeal, the Labour Court as well as various divisions of the high courts. 

Around 43 candidates for 27 judicial vacancies are expected to be interviewed.

The JSC, however, last week issued a notice stating that owing to issues relating to the shortlisting of candidates for the three vacancies advertised for the Eastern Cape Division (Makhanda and Mthatha), the scheduled interviews have been cancelled. 

According to the JSC  these vacancies will be re-advertised for interviews scheduled to be held in April next year.

Online group Judges Matter, which advocates for transparency and accountability within the South African judiciary, believes a strong, independent and ethical judiciary is the backbone of our democracy. 

Thus, it said, the judicial interviews are a very important process. In shedding more light on how the process works, Judges Matter explained that Chief Justice Mandisa Maya and the President of the Supreme Court of Appeal, Justice Mahube Molemela, will be two of the important role players, along with Justice Minister Mmamoloko Kubayi.

There will also be a representative of the Judges President, which was in the past represented by Gauteng Judge President Dunstan Mlambo. He has, however, recently taken up his role as Deputy Chief Justice of the country.

Politicians designated by the two houses of Parliament: six from the National Assembly, and four from the National Council of Provinces, will also form part of the panel. JSC commissioners from Parliament are designated after each national election, every five years, and the current members will serve until the 2029 elections, Judges Matter explained.

EFF leader Julius Malema is expected to once again be part of the panel and is now the longest-serving MP on the JSC (he was first elected in 2014). Judges Matter remarked that he is a man who knows where many small skeletons are buried and the JSC often holds its collective breath as Malema drills down into the affairs of a candidate.

“As a cross examiner, Malema is very precise and drives the candidates to admissions they may not have expected to find themselves making,” Judges Matter said.

Although a member of the JSC since 2019, former prosecutor Glynnis Breytenbach – a member of the Democratic Alliance – has only physically attended the JSC in 2024. However, of the times she has appeared virtually, she has also asked some tough questions.

The uMkhonto Wesizwe party’s seat is vacant after Dr John Hlophe resigned from this position in October 2024.

The justice group further explained that two practicing advocates, two practicing attorneys, four persons designated by the president and a teacher of law also formed part of the panel.

Also present at each round of interviews will be the judge president heading the division in which an appointment is being made. In addition to this on the interview panel is the premier of the province getting a new judge, or the premier’s representative (often a senior MEC).

zelda.venter@inl.co.za