Thapelo Lekabe

By Thapelo Lekabe

Senior Digital Journalist


JSC interviews: These are the candidates Ramaphosa has to approve for SA’s superior courts

The JSC decided not to recommend a chairperson for the Water Tribunal after interviewing two candidates.


The Judicial Service Commission (JSC) has wrapped up its interviews for 21 vacant posts in South Africa’s superior courts.

Chief Justice Raymond Zondo chaired the interviews for seven days, in Johannesburg, for judges to fill vacancies at the Supreme Court of Appeal (SCA), the country’s five high courts, the Land Claims Court, Competition Appeal CourtElectoral Court and the Water Tribunal.

The interview process and deliberations by JSC commissioners concluded on Tuesday afternoon.

Before the JSC’s recommended candidates can be appointed, President Cyril Ramaphosa first needs to confirm their appointment in terms of Section 174 (6) of the Constitution.

The JSC was established in terms of Section 178 of the Constitution and consists of 23 members, who are tasked with interviewing candidates for judicial posts and making recommendations for appointment to the bench as well as dealing with complaints brought against judges.

Below is the list of candidates recommended by the JSC for appointment:

  • Supreme Court of Appeal (five vacancies)

Five candidates were recommended for appointment as justices of the Supreme Court of Appeal (SCA) in Bloemfontein.

The judges were Eastern Cape High Court judge Glenn Goosen and Gauteng High Court judges Piet Meyer, Keoagile Matojane, Sharise Weiner and Daisy Molefe for appointment as justices of the SCA.

ALSO READ: JSC recommends five judges for appointment at SCA

The judges who did not make the cut were KwaZulu-Natal High Court judge Piet Koen, Mpumalanga High Court judge Anna Kgoele, Eastern Cape High Court judges Mandela Makaula and John Smith as well as Gauteng High Court judges Bashier Vally and Sulet Potterill.

  • Competition Appeal Court

The JSC will advise Ramaphosa to appoint Gauteng High Court Judge Norman Manoim to the position of judge president of the Competition Appeal Court.

Judge Manoim was the only candidate to be interviewed by the commission for the position of judge president of the Competition Appeal Court, which has a status similar to that of a high court.

The court adjudicates competition matters in accordance with the Competition Tribunal Act of 1998 and has jurisdiction throughout the country.

  • Electoral Court (two vacancies)

The JSC interviewed candidates for the position of chairperson and a judge member of the Electoral Court.

The Electoral Court is a specialist court that deals with matters relating to elections and can review election-related decisions taken by the Electoral Commission of South Africa.

The court also has the same status as a superior court and is subordinate only to the Constitutional Court.

The JSC recommended that SCA Judge Dumisani Zondi be appointed chairperson of the Electoral Court. Judge Mpho Mamosebo was the only candidate interviewed for an ordinary judge post on the court, but the JSC decided to leave the post vacant.

  • Limpopo Division of the High Court (one vacancy judge president)

Three candidates were interviewed for the position of judge president of the Limpopo High Court.

Following deliberations, the JSC resolved to advise the president to appoint Judge George Phatudi as the new judge president of Limpopo.

  • Gauteng Division of the High Court for secondment to the Land Claims Court (one vacancy)

The commission interviewed one candidate, attorney Luleka Flatela, for the secondment to the Land Claims Court in the Gauteng High Court.

Flatela was recommended for the position. She previously acted as a judge in the Eastern Cape High Court, the Gauteng High Court and the Land Claims Court.

  • Gauteng Division of the High Court (four vacancies)

The JSC recommended three candidates for appointment to the Gauteng High Court after interviewing seven shortlisted candidates.

ALSO READ: JSC recommends three candidates for appointment at Gauteng Division of the High Court

The commission resolved to advise the president to appoint Magistrate Rochelle Francis-Subbiah and advocates Jan Swanepoel and Stuart Wilson.

  • Kwazulu-Natal Division of the High Court (judge president)

The JSC interviewed three candidates for the position of judge president of the Kwazulu-Natal High Court and recommended Judge Thoba Poyo-Dlwati be appointed judge president of KZN.

If the recommendation is approved by the president, Judge Poyo-Dlwati would become the first permanently-appointed woman judge president in the country and one of the youngest judges in a leadership position. She is 48 years old.

  • Kwazulu-Natal Division of the High Court (two vacancies, Pietermaritzburg)

Four candidates were interviewed for appointment as ordinary judges of the KZN Division of the High Court in Pietermaritzburg.

The JSC resolved to recommend Ntuthu Mlaba and Advocate Elsje-Marie for the two vacancies at the high court.

  • North West Division of the High Court (deputy judge president)

Following deliberations for the North West Division of the High Court interviews, the JSC resolved to advise the president to appoint Judge Tebogo Djaje for the position of deputy judge president of the North West division.

Judge Djaje was the only candidate interviewed for the position.

In respect of the vacant position of an ordinary judge of the North West High Court, the commission resolved to advise the president not to make any appointments at this juncture after interviewing three candidates.

  • Western Cape Division of the High Court (one vacancy)

After interviewing four candidates for the position of judge at the Western Cape High Court, the JSC recommended Constance Noluthando Nziweni for the post.

  • Water Tribunal (chairperson)

The JSC interviewed two candidates for the position of chairperson of the Water Tribunal. However, the commission decided it would not make any recommendations to the Minister of Water and Sanitation for the position at this stage.

The Water Tribunal was established in 1998, to hear appeals against directives and decisions made by responsible authorities, catchment management agencies or water management agencies about matters covered by the National Water Act, Act 36 of 1998, like the issuing of licenses to use water.

The Tribunal is an independent body and can hold hearings anywhere in the country.

NOW READ: JSC recommends judge Poyo-Dlwati to head KwaZulu-Natal judiciary

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