Chief Justice Mandisa Maya will lead the Judicial Service Commission (JSC) in interviewing candidates for 22 judges’ posts in superior courts over the next two weeks. The interviews begin on Monday.
Three vacancies at the Supreme Court of Appeal (SCA) are among the positions to be filled. The SCA faces capacity and resource constraints, which have led to delayed judgments.
Candidates for SCA posts
The candidate list for the SCA posts includes Eastern Cape High Court judge Gerald Bloem, KwaZulu-Natal judges Busisiwe Masipa and Esther Steyn, Gauteng High Court judge Ingrid Opperman and Northern Cape deputy judge president Violet Phatshoane.
The interviews will focus on judges’ ability to deliver rulings on time. SCA president Justice Mahube Molemela has frequently highlighted that delayed judgments often lead to public criticism of the court.
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Judicial norms and standards stipulate that every effort should be made to hand down judgments no later than three months after the last hearing.
Addressing capacity problems
The JSC interview process plays a vital role in addressing capacity problems within the judiciary, according to Mbekezeli Benjamin, a researcher at Judges Matter. This civil society group works to enhance transparency and accountability in South Africa’s judiciary.
Benjamin stated that criticism of the SCA over the past three to five years has focused on the time taken to deliver judgments. The SCA was once known for delivering judgments quickly, typically within four to six weeks. Now, it’s not unusual for a judgment to take a year.
“That is why it’s so important that the JSC fills these vacancies just to boost the capacity of the courts,” Benjamin said.
One of the vacant positions is that left by Justice Nambitha Dambuza-Mayosi, who was appointed to the Constitutional Court in May.
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The failure to fill vacancies timeously often adds to the capacity problems faced by courts, Benjamin said. Some of the 22 vacancies have remained unfilled for years.
Candidates’ experience
Bloem has about four years left before retirement, but Benjamin said his age might not necessarily be a disadvantage given that he would be serving at an appeal court. Benjamin noted that experience can be an advantage in an appeal court.
Steyn, appointed as a judge in 2009, has the longest record among the candidates, with 17 years of experience. Phatshoane, a deputy judge president of the Northern Cape, has 15 years of experience. Masipa, among the relatively younger candidates, has 10 years on the bench after being appointed in 2016. Opperman, who was shortlisted for Constitutional Court posts last year, has about nine years’ experience as a judge.
The SCA interviews will take place on Monday in Sandton, Johannesburg. The JSC will also interview candidates for posts in the labour court, labour appeal court, high courts of the Eastern Cape, Western Cape, Northern Cape, and Gauteng, and the Land Court.
