Five judges make JSC's ConCourt shortlist while Malepe faces exclusion over credibility issues

After intense deliberations on Wednesday, the Judicial Service Commission (JSC) has shortlisted five candidates for two vacant Constitutional Court positions, following a week of rigorous interviews.

President Cyril Ramaphosa will now be tasked with selecting two from this prestigious shortlist, marking a critical moment for South Africa's highest court.

These are judges Nambitha Dambuza, Glen Goosen, Kate Savage and Ashton Schippers, as well as advocate Alan Dodson SC. It will be Dodson's fifth attempt to fill a seat at the Constitutional Court. While he was recommended for the job in the past by the JSC, he never made it in the end.

The only candidate whose name was omitted from the referral list, is that of Dr Madumetja Malepe who was grilled this week regarding allegations of stolen church funds, debt concerns, and her academic credibility.

She was questioned by Advocate Tembeka Ngcukaitobi, a member of the JSC panel, over a 2023 allegation that she misappropriated church funds, despite being cleared of any wrongdoing. When pressed on why she hadn't submitted formal documentation proving her acquittal, Malepe responded that she requested the church provide her with a testimonial that shows that she was not found guilty in that case. But, she explained, she received the documentation too late to add to her application before the JSC.

She was also questioned over her ongoing debt review and the looming threat of sequestration, but she assured the panel that it was under control.

In terms of the Constitution, the president must now consult Chief Justice Mandisa Maya and political leaders in parliament before appointing the two new ConCourt justices.

According to online group Judges Matter, which keeps an eye on the functioning of the judiciary, among the frontrunners is Judge Dambuza of the Supreme Court of Appeal, whose long tenure on the appellate bench and strong record in administrative and commercial law make her a serious contender.

It also said that Judge Savage, currently Vice-President of the United Nations Appeals Tribunal, brings deep experience in constitutional and labour law as well as international stature that could strengthen the court's global standing.

But, according to Judges Matter, Adv Dodson is also in the mix, as a veteran of human rights and land reform litigation and a former Land Claims Court judge. "Together, these candidates represent both continuity and renewal for a Constitutional Court seeking to strengthen its bench and restore its full complement of permanent judges," Judges Matter said.

The JSC has meanwhile started interviewing six candidates from the high courts across the country to fill a single vacant seat in the SCA. They are judges Gerald Bloem, Mongere Masipa, Pitso Molitsoane, Thandi Norman, Bashier Vally and Leonie Windell. They have all served as acting judges in the SCA.

The interviews to fill three vacancies in the Eastern Cape Division of the High Court (Makhanda and Mthatha) have been cancelled due to issues relating to the shortlisting of candidates. The vacancies will be re-advertised for interviews in April next year.

The round of interviews are meanwhile expected to run until 15 October, with candidates applying for various high court and labour court vacancies starting on Thursday. The interviews will kick-off with candidates who want to fill vacancies in KwaZulu Natal.

After each group of interviews, the panel holds deliberations behind closed doors, before they name the candidates whose names will be forwarded to the president to make the final decision.

zelda.venter@inl.co.za