Calls for JSC to have new written criteria for hiring Western Cape judges
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THE JSC interviews will see candidates interviewed for all the different posts, including two non-judge members of the Electoral Court. File picture: Henk Kruger/African News Agency (ANA)
Cape Town - There are strong calls for the Judicial Service Commission (JSC) to have written-down criteria on how it chooses judges so that the best candidates are chosen to sit on the Western Cape Bench.
The JSC will soon hold interviews for judges, including five candidates for the Western Cape High Court. Lobby group Judges Matter says it is is disappointed to see that the JSC still lacks a written criteria on how it selects judges.
Judges Matter campaign research and advocacy officer Mbekezeli Benjamin said: “A clear criteria would help identify what kind of lawyers make good judges, particular for busy courts like the Western Cape which need judges with a strong track record of hard work, exceptional knowledge of the law, and respect among their peers in the legal profession.
“The Western Cape shortlist for October 2021 is unique in that it is the first time that it is dominated by magistrates. Four of the five candidates are magistrates and they are joined by a senior advocate, Mohamed Salie SC.
"It will be interesting to see how the JSC assesses the suitability of candidates who come from different corners of the legal profession when recommending them as judges. This aspect also underscores the importance of a clear set of criteria."
Mbekezeli said it was vital for all South Africans to check the list and comment on the candidates they are familiar with by September 13.
Judges Matter believes that it’s important that the JSC keeps a clear focus on selecting only the best candidates, and they can only do so through a fair and rigorous line of questioning of all candidates.
On June 4, the JSC published notices in the media calling for nominations of interested persons to fill vacancies in the various Superior Courts. The closing date for submission of nominations was set for July 5.
Following the court challenge, on August 11, the screening committee of the JSC met and compiled a shortlist of candidates to be interviewed at its October sitting scheduled for October 4 to 8.
The executive secretary of the Council for the Advancement of the South African Constitution, Lawson Naidoo, said the JSC had agreed to set aside its recommended list of candidates for Constitutional Court justices and redo all the interviews.
“The recommended shortlist of candidates submitted by the JSC to the president in April 2021 is to be set aside. A draft settlement agreement to this effect has been submitted to the High Court to be made an order of court,” said Naidoo.
The JSC interviews will see candidates interviewed for all the different posts, including two non-judge members of the Electoral Court.
JSC spokesperson Dali Mpofu said the five nominees for the two vacancies on the Western Cape Division of the High Court are magistrates Pearl Deidré Andrews, James Dumisani Lekhuleni, Daniel Mafeleu Thulare, Constance Noluthando Nziweni and senior counsel Mohamed Salie.
Mpofu said the candidates to be interviewed by the JSC for the two vacancies at the Constitutional Court are Alan Christopher Dodson SC, Judge Fayeeza Kathree-Setiloane, Judge Narandran Kollapen, Judge Rammaka Steven Mathopo, Judge Mahube Betty Molemela, Judge David Nat Unterhalter and Judge Bashier Vally.
The JSC said the shortlisted candidates would be notified of the date, time and venue of the interviews in due course. Law bodies and members of the public wishing to comment on the suitability, or otherwise, of these candidates should address their comments to the Secretariat of the JSC at Chiloane@concourt.org.za and to Phaahlamohlaka@judiciary.org.za, Cc: JSC@judiciary.org.za.
“Comments for each candidate must be submitted on a separate page in both PDF and word version document. Comments must reach the Secretariat by no later than September 13, 2021. No comments received after the closing date will be considered,” said Mpofu.
mwangi.githahu@inl.co.za