JSC interviews: No candidate recommendations for ConCourt, Electoral Court

The Judicial Service Commission (JSC) has decided not to recommend any of the six candidates it interviewed for two posts in the Constitutional Court and the Electoral Court.

This week’s candidate list included law professor David Biltchitz who was interviewed on Monday for the apex court, where he has been acting judge since February.

Although he is a non-judge who has never practiced law, Biltchitz is a world-acclaimed constitutional law and human rights expert.

ALSO READ: Academic David Bilchitz says his ‘different expertise’ would be valuable for ConCourt post

He went up against Advocate Alan Dodson, SC and Supreme Court of Appeal (SCA) senior judges Ashton Schippers and Tati Makgoka.

According to Judges Matter, Dodson was a judge at the Land Court for many years before going back to practice law.

One candidate unsuitable

After deliberations, the commission announced that one of the four did not meet the requirements for the Constitutional Court justice post.

“The JSC is required to recommend four candidates for each vacancy. Because only three candidates were found suitable, the JSC could not make a recommendation to the President,” the commission said.

Without the required four apex court candidates for President Cyril Ramaphosa to select one justice from, the JSC has to re-advertise the post which has been vacant since 2021.

It is not yet known which of the four candidates was found to be not suitable.

On Wednesday, commissioners interviewed highly experienced judges Leicester Adams and Seena Yacoob for the Electoral Court. The third candidate, Judge Majake Mabesele withdrew.

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After deliberations, the JSC on Wednesday also decided not to recommend neither Adams nor Yacoob.

So far, commissioners were able to recommend one candidate – Judge Zeenat Carelse – for judge president of the Land Court.

Carelse, an SCA judge, was up against judges Susannah Cowen, Shanaaz Mia and Muzikawakhelwana Ncube for the inaugural Land Court top post.

Apart from the apex court, the Electoral Court and the Land Court, three other candidates are vying for the North West High Court judge post.

JSC did not receive nominations for the Labour Court and Labour Appeal Court judge president vacancy.

Labour Court judge president Basheer Waglay retired in November last year.

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