Judge Xola Petse will take the helm at the Judicial Service Commission (JSC) this week when four top jurists undergo public interviews for the role of chief justice. The office chief justice has indicated 22 commissioners will run the interviews on who will be the country’s next leading judge.
The highly anticipated sittings in Sandton run from Tuesday to Saturday.
Petse will serve as chair and represents the appeals court. The JSC, which will be evaluating candidates to lead SA’s judiciary, will itself be under scrutiny after its impugned process interviewing runners for two Constitutional Court jobs in April 2021.
He will be join by Northern Cape judge president Pule Tlaletsi and justice minister Ronald Lamola. Senior advocates Dali Mpofu and Jenny Cane, attorneys Mvuso Notyesi and Ettienne Barnard, and Wits University law professor Engela Schlemmer are among others on the JSC.
Among the politicians are six members of the National Assembly: former defence minister, now parliamentary speaker Nosiviwe Mapisa-Nqakula, Glynnis Breytenbach of the DA, the ANC’s Gratitude Magwanishe, EFF leader Julius Malema, the IFP’s Narend Singh and Vusumuzi Xaba of the ANC.
Deputy chair of the National Council of Provinces (NCOP) Sylvia Lucas will be joined by three fellow NCOP representatives, all ANC members: Thamsanqa Dodovu, Kenneth Mmoiemang and Archibold Nyambi.
The four commissioners appointed by the president are silk Griffiths Madonsela, Kathleen Matolo-Dlepu, who formerly chaired the Legal Practice Council (LPC), Doris Tshepe, who is an attorney and JSC spokesperson, and attorney Nomaswazi Shabangu-Mndawe.
The JSC is a key constitutional body with significant powers in determining SA’s rule of law. Its 23 commissioners include judges, politicians and scholars who are responsible for interviewing candidates to be appointed judges.
In all but four cases, the JSC chooses who sits on the bench in SA’s superior courts. The JSC also runs disciplinary processes with delinquent judges. On Tuesday, it begins four days of interviews with President Cyril Ramaphosa’s four preferred candidates for chief justice.
In the case of four critical judicial posts — the chief justice, deputy chief justice, president of the supreme court and its deputy president — the president has the power to choose after consulting with the JSC, among others.
This will be the first time the JSC interviews more than one candidate tipped by the president to be the top jurist in SA. This is because the president elected to adopt a novel approach to determining the new permanent appointee, including inviting public nominations and appointing an advisory panel.
The week’s sittings mark an important step towards establishing much-needed stability at the top of SA’s legal system. Former chief justice Mogoeng Mogoeng retired in October 2021, after taking long leave in May 2021. During these absences, his deputy has served in an acting capacity while chairing the state capture inquiry. Justice Raymond Zondo is another runner for the top job.
Justice Mbuyiseli Madlanga, who has served in the Constitutional Court since 2013, will be the first judge to undergo a JSC grilling this week. Madlanga’s interview is scheduled from 10am to 5.30pm on Tuesday with breaks for lunch and tea. Appeals court president Mandisa Maya will appear before the JSC on Wednesday. Gauteng judge president Dunstan Mlambo is to be interviewed on Thursday. Zondo will face the JSC on Friday. The commission will deliberate on Saturday and then send its recommendations to the president.
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