The Judicial Service Commission (JSC) on Monday moved to fill the two Constitutional Court vacancies created by the retirement of justices Sisi Khampepe and Chris Jafta.
Interviews for these posts and other superior court vacancies will be held on April 4-8 2022, meaning the court of last instance still has some months before it is fully constituted.
The move to advertise the two post and 16 other senior court jobs comes as the nation awaits President Cyril Ramaphosa’s decision on who will be the new chief justice. The president is also still to appoint two justices to the top court from five candidates the JSC recommended to him a month ago. They will replace Edwin Cameron and Johan Froneman who retired in September 2019 and May 2020, respectively.
In October, the JSC shortlisted five judges for the two historical vacancies from as far ago as 2019. In the running are Fayeeza Kathree-Setiloane, Rammaka Mathopo, Mahube Molemela, Jody Kollapen and Bashier Vally.
An advisory panel appointed by the president initially earmarked eight judges for the chief justice job. After deliberations and two retractions — from Wallace Mgoqi and public protector Busisiwe Mkhwebane — five names now stand.
Ramaphosa will make his choice taking into account the panel’s reporting on the quintet of acting chief justice Raymond Zondo, apex court justice Mbuyiseli Madlanga, appeals court president Mandisa Maya, Gauteng judge president Dunstan Mlambo and senior advocate Alan Nelson.
The post has been vacant since the retirement of chief justice Mogoeng Mogoeng on October 11 2021.
The judiciary head’s duties span administrative, ceremonial and judicial functions, which means a persistent vacancy leaves the courts rudderless.
Interim judges are now filling the majority of 11 seats on the bench of the country’s highest court. During a hearing on Monday, for instance, Madlanga acted as chief justice with several acting justices.
The JSC has now advertised two more recent posts in the Constitutional Court, vacant since early October.
It has also advertised positions for heads of high courts in KwaZulu-Natal and North West provinces among 18 positions in SA’s superior courts. All applications must be submitted to the commission by December 6.
In the upcoming round of interviews, the JSC will also assess new hires for high courts in five provinces, the competition appeals court, electoral court and land claims court.
Three vacancies in the KwaZulu-Natal high court, two in the Eastern Cape, two in Limpopo, and one in the Free State were also advertised.
Protracted vacancies in SA’s higher courts have proven cause for concern insofar as leadership and long-term stability of the judiciary are concerned.
Whoever Ramaphosa chooses to serve as chief justice must be interviewed by the JSC and run past political party leaders in the National Assembly before appointment.
All three of the most recent retirees from the apex court — Jafta, Khampepe and Mogoeng — took long leave before exiting.
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