The Gauteng division of the high court – which includes both Pretoria and Johannesburg – could have a new Judge President by April after the Judicial Service Commission on Wednesday officially called for nominations to fill several judicial vacancies across the country, including that of heading the Gauteng division.

Judge Dunstan Mlambo, who has been the Gauteng Judge President since 2012, took up his new position as Deputy Chief Justice of the country in August following his appointment by President Cyril Ramaphosa.

While the Gauteng Division has been without a head since, some of the senior judges are managing this position in the meantime.

The JSC, which sits twice a year – in April and October – to consider candidates for the vacant position across the country’s superior courts – this week called for candidates to fill three vacancies in the Supreme Court of Appeal.

This follows the JSC’s decision, after deliberations, not to recommend any of the seven candidates for the vacancy at the SCA. During last month’s interviews, only one vacancy for the SCA was open to be filled, while three vacancies have now been advertised for next year.

The Western Cape High Court has the most vacancies advertised – five – for which hopeful candidates can apply. Two vacancies are also open in the Eastern Cape Division of the High Court – one in Makhanda and the other in Mthatha. Two vacancies for the Competition Appeal Court are up for grabs, while one vacancy in the Land Court is available.

While shortlisted candidates will be interviewed during the April sitting, it is not a guarantee that the positions will be filled. During last month’s hearing, and after interviewing 51 candidates over the course of seven days, the JSC was only able to fill 16 of the 24 vacancies.

This is after some of the candidates did not pass muster, which the online group Judges Matter remarked is not a bad thing.

In 2023, the JSC adopted new criteria and guidelines for interviews. These focus on the legal skills and ability of aspirant judges. The legal group noted that the JSC interviews have improved markedly in terms of both the quality of questions and the general conduct of commissioners.

It has earlier made several proposals to the JSC to amend the application form submitted by aspirant judges. These amendments required candidates to disclose information relating to their ethics and conduct and included questions such as whether a candidate has been found guilty of ethical misconduct or is under investigation by a professional or other body.

Since then, several candidates have not been appointed based on their responses. In its announcement this week regarding the judicial vacancies, the JSC made it clear that applicants must complete the updated 2025 standard questionnaires which are available on the judiciary website, which now include giving details regarding possible past conduct.

zelda.venter@inl.co.za

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