JSC candidate explains previous judgment on case involving DA leader and cousin

Pearl Deidré Andrews, the first candidate to be interviewed for vacancies in the Western Cape Division of the High Court, was once again called upon to explain a judgment in a case involving a senior Democratic Alliance (DA) member who happened to be her cousin.

The Judicial Service Commission (JSC) interviewed nine candidates on Tuesday for four vacancies in the court.

Andrews, a regional magistrate at the Durban Magistrates’ Court since October 2019, had also been acting as a judge of the Western Cape High Court since October 2023.

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Andrews was previously interviewed for the same position in 2021, where then-Judge President John Hlophe criticised her for the case involving her cousin, Daylin Mitchell, who was also the DA’s constituency head for Beaufort West and the Central Karoo at the time.

In June 2018, councillors of the Beaufort West municipal council approached the court in an attempt to overturn the removal of the mayor and speaker through a motion of no confidence.

Andrews ruled in their favour.

Andrews: ‘I did not know’

Explaining her decision, Andrews said she was unaware that her cousin was involved in the case. She first learned of his involvement through a news article questioning a possible conflict of interest.

“This obviously left me anxious about what had happened. I had no idea at the time that this matter had any impact on him being my cousin,” explained Andrews.

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“In terms of my background with my cousin, my family history, I was raised by my mother. He’s my cousin from my father’s side and is 17 years younger, so we never really grew up together.

“His political career, as I understand it, became known about three years prior to me writing this judgment. In terms of me having any type of connection to him on any other level apart from seeing him on occasion in the news highlights, there is no other connection.

“Nothing alerted me from the papers that he was in some way connected. However, on reflection and in hindsight, I ought to have applied more introspection, it should have sparked a light bulb, I admit to that. I take to heart the criticism that was raised and it was a learning curve for me. I take my oath seriously, I can assure the commission.”

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Despite the relationship, Andrews said she made the judgment based on the rule of law.

“The decision was taken on principles of legality. I have apologised to the previous judge president for my oversight and lack of judgment. I have heard and will do better.”