The Judicial Service Commission (JSC) concluded its October leg of interviews for judicial vacancies across the country on Friday.
The body wraps up with interviews for the KwaZulu-Natal Division of the High Court as well as the Limpopo Division of the High Court in Thohoyandou.
A total of four candidates were interviewed for the two positions available within the KZN Division of the High Court.
The Commission, however, resolved to only recommend Professor Mbuzeni Johnson ‘MJ’ Mathenjwa.
The only candidate who was interviewed for the Limpopo Division of the High Court was unsuccessful as the Commission resolved to not recommend him.
In total, the JSC interviewed 34 candidates to fill 20 vacancies across various courts. However, it will only fill 12 vacancies and have left 6 others open.
‘Rejection concerns’
Meanwhile, Freedom Under Law says that it is deeply troubled by the Judicial Service Commission’s decision to only fill two vacancies on the Supreme Court of Appeal, as well as its rejection of the candidature of Judge David Unterhalter.
In a statement, Freedom Under Law says it felt compelled to comment on what it describes as the “JSC’s failure to recommend the appointment of Judge Unterhalter”.
The organisation notes that Unterhalter commands great respect among judicial colleagues and legal practitioners, locally and internationally adding that in a review of candidates for this sitting of the JSC, the General Council of the Bar lauded him as “a gifted jurist and Constitutional lawyer.”
The organisation has further supported the Council for the Advancement of the South African Constitution’s request for written reasons behind the JSC’s decision on recommendations to the SCA, noting that it is crucial to learn why the JSC has made an “inexplicable decision, to the detriment of the SCA and the entire judiciary”.
