By Bernadette Wicks.
The Judicial Service Commission (JSC) has not shortlisted any candidates to interview for a vacant seat on the bench of the Constitutional Court during its next sitting in October.
It will, however, be interviewing candidates for various vacancies in the country’s other courts between the 7th and 15th October 2024.
Publishing its shortlist on Monday, the body said it could not shortlist anyone for the single vacancy at the apex court because it didn’t receive enough nominations.
The JSC said it received only three nominations for the vacancy at the Constitutional Court.
However, in terms of the Constitution, it needs to shortlist three more people than there are vacancies.
For this reason, it could not shortlist only three candidates for this one vacancy. The office of the chief justice (OCJ) has re-advertised a long-standing vacancy at the constitutional court for the position to be filled.
It has repeatedly failed to fill this vacancy created by the retirement of Justice Sisi Khampepe in 2021.
The caseload of the highest has increased dramatically since its jurisdiction was expanded a decade ago and has been struggling to deal with a backlog of new applications, of which it received some 350 last year alone.
Deputy Chief Justice Mandisa Maya who will succeed Raymond Zondo after he retires next month, has said she believes the number of judges of the court should be increased from 11 to 15.
The JSC will, however, be interviewing at least six candidates for three vacancies at the Supreme Court of Appeal again, including KwaZulu-Natal High Court Judge Piet Koen.
Koen, who previously presided over former Jacob Zuma’s arms deal corruption case, has interviewed for a position at the appellate court multiple times before but has never been successful.
The JSC will also be interviewing candidates for the position of Judge President of the Western Cape High Court following the previous incumbent, John Hlophe’s impeachment earlier this year.
Hlophe has now controversially been appointed to the JSC in his new role as a member of Parliament (MP) for the uMkhonto weSizwe (MK) Party, prompting litigation from civil society organisations.
In their court applications, they’ve raised concerns around his involvement in these interviews and, specifically, the ones for his replacement, which are set to feature Hlophe’s one-time deputy and current acting Judge President Patricia Goliath, with whom Hlophe has a history of clashing.