DOCUMENTS

JSC recommends Chimanlal Narotam Patel as KZN JP

Commission endorses Kenneth Mthiyane as deputy president of the SCA

The Judicial Service Commission (JSC) has concluded interviews of Judges to fill vacancies in the Bench

During the period 10-19 October 2011, the Judicial Service Commission conducted interviews at the Table Bay Hotel, Cape Town for the various vacant judges' positions in the various divisions of the High Court including the position of the Deputy President of the Supreme Court of Appeal. These interviews were the first to be conducted under the chairpersonship of Chief Justice Mogoeng Mogoeng, who was recently appointed to the position of Chief Justice in September 2011. There were 41 candidates that were shortlisted and 34 candidates interviewed by the JSC. After the conclusion of the interviews, the JSC has presented the following recommendations to the President of the Republic of South Africa, Mr Jacob Zuma:

 

VACANCY

COURT

RECOMMENDED CANDIDATE

Deputy President of the Supreme Court of Appeal

Supreme Court of Appeal

Justice Khayelihle Kenneth Mthiyane

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EASTERN CAPE

VACANCY

COURT

RECOMMENDED CANDIDATE

One position for a Judge

Eastern Cape High Court

Adv Glenn Graham Goosen SC

 

VACANCY

COURT

RECOMMENDED CANDIDATE

One position for a Judge

Electoral Court

Ms Buyiswa Majiki

 

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FREE STATE

VACANCY

COURT

RECOMMENDED CANDIDATES

Two positions for a Judges

Free State High Court

  1. Adv Johannes Petrus Daffue SC
  2. Mr Lepono Joshua Lekale

KWAZULU-NATAL

VACANCY

COURT

RECOMMENDED CANDIDATE

One vacancy Judge President

Three positions for Judges

KwaZulu-Natal High Court

Acting Judge President Chimanlal Narotam Patel

  1. Adv Jacqueline Irene Henriques
  2. Mr Zaba Philip Nkosi
  3. Adv Rashid Abdul Kader Vahed SC

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VACANCY

COURT

RECOMMENDED CANDIDATES

Two positions for Judges.

Labour Court

  1. Adv Zolashe Mzilikazi Lallie
  2. Adv Hilary Rabkin-Naicker

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GAUTENG

VACANCY

COURT

RECOMMENDED CANDIDATES

Five positions for Judges

North and South Gauteng High Court

  1. Judge Ellem Jacob Francis
  2. Mr Tshifhiwa Anthony Maumela
  3. Adv Roland Terence Sutherland SC
  4. Ms Mmonoa Jowie Teffo

The JSC decided not to recommend a candidate for the remaining vacancy. This vacancy will be readvertised for the next sitting of the JSC.

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WESTERN CAPE

VACANCY

COURT

RECOMMENDED CANDIDATES

Three positions for Judges

Western Cape High Court

The JSC decided to postpone the interviews for the Western Cape High Court pending finalisation of the appeal in the litigation initiated by the Cape Bar Council.

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At the end of the interviews, Commissioners expressed their appreciation at the professional manner in which the Chief Justice and Chairperson of the JSC Justice Mogoeng chaired the interviews. The Chief Justice, in turn thanked the Commissioners for their professionalism and dedication displayed in dealing with the interviews. The JSC Commissioners have ensured that the process of interviewing the candidates is done in a dignified manner with great appreciation to the real needs of the Judiciary.

The challenge regarding the number of women candidates making themselves available for judicial positions is still a great concern to JSC. This concern is illustrated by the fact that of the 43 candidates that were shortlisted for the vacant positions, only 14 were women. Of the 15 recommended candidates, five of them are women.

If the JSC were to fulfil its constitutional mandate bestowed on it pursuant to the provisions of section 174 (2) of the Constitution, which requires the JSC to give consideration to the need of the judiciary to reflect broadly the racial and gender composition of South Africa when judicial appointments are made, more women and black candidates should make themselves available for these positions.

The JSC has decided to postpone the interviews relating to the Western Cape High Court pending the finalisation of the appeal in the litigation initiated by the Western Cape Bar Council.

Statement issued by Adv Ntsebeza SC and Mr CP Fourie, Judicial Service Commission, October 25 2011

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