JSC interviews: ‘It is what it is,’ says candidate who nominated himself for judge position [VIDEO]

The fourth day of the Judicial Service Commission (JSC) interviews began on a rough note for the first candidate, Advocate Gregory Ally, who struggled to fend off relentless questions.

Ally was one of 10 candidates interviewed for a judge position in the Gauteng Division of the High Court, where six vacancies are available.

Since 2020, he has served various stints as an acting judge in the Gauteng Division of the High Court.

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JSC interviews: Advocate asked about nominating himself

The interview did not start well for Ally, who faced intense scrutiny for nominating himself and consenting to his own nomination.

In response, he said he did not want to debate the matter, as the advertisement did not clarify who should make the nomination.

“Just to end this quickly, who nominated you as a candidate?” asked the JSC’s Mvuzo Notyesi.

“I nominated myself,” responded Ally.

Watch: Advocate Ally on how he accepted his own nomination

“Who accepted the nomination? You nominated yourself and then accepted your own nomination? Adverts require that a person must be nominated. Did you read the advert? Does it not require that a person be nominated for the position rather than persons nominating themselves?” continued Notyesi.

“I’m not going to debate it because the nomination doesn’t say by whom. But it is what it is as it’s there and I can’t take it any further than that,” said Ally in his defence.

“Yeah, just so we don’t go further with your interview. Correct me if I’m wrong: you’re not supposed to be here because you have not been nominated. You’re not supposed to even be here. At this stage, we should just end your interview,” responded Notyesi.

Advocate Ally: ‘I could not refuse’

Advocate Ally turned to Chief Justice Mandisa Maya to explain that he could not refuse an interview after being shortlisted for the position.

“Chief Justice, all I can say is that I applied, there was a nomination, I was shortlisted, this is why I’m here. I cannot say I’m not coming,” he said.

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“The question is: how did you get shortlisted?” asked the chief justice.

“Unfortunately chief justice, I’m not in charge of that particular process, and I think it’s a bit unfair…”

“I did look at your application, you nominated yourself, then consented to the nomination. I completely missed that you were consenting to your own nomination. That’s quite bizarre to say the least.”

Advocate Ally’s outstanding judgments

In addition to nominating himself, Ally also came under fire for the number of outstanding judgments on his desk.

The Chief Justice was particularly concerned that he could not remember how many outstanding judgments he had.

“It is extremely worrisome when you don’t even remember the number of reserved judgments you have. I can speak for other judges when I say reserved judgments are burdensome and you really want to deliver them and get them out of the way. I find it strange that you cannot remember the number of reserved judgments you have,” said Maya.

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This as Minister of Justice and Constitutional Development Thembi Simelane had doubts about advocate Ally’s improvement in this area as there was one particular judgment involving a disabled minor which has been outstanding for almost a year.

“The case involving a minor. Three times you have set deadlines for yourself – on 29 March 2024, 22 April 2024 after an intervention by deputy judge president. Then it was escalated to the judge president himself on 3 July 2024. You said you would deliver the judgment by 5 July 2024. You apologised and still missed the deadline. We are in October and you still have not delivered that judgment,” said Simelane.

Capacity issues?

Commissioner Soviet Lekganyane questioned whether the JSC was dealing with a case of capacity issues or a lack of support.

“You have been asked several times and you are unable to come clearly before this commission to say I have 20 outstanding judgments and I am planning to deliver them in this period and the remaining number will be delivered in the period that will follow,” said Lekganyane.

“You have been very dithering and reluctant to respond to these questions. A judge is not an ordinary member of society. You cannot behave like a person who has not seen the inside of a book. You have to be honest with us if you think you’re a fit and proper person for this positions that have been advertised.”

“I am working on them and should be done by the end of November,” said Ally.

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