By Lehlohonolo Lehana.
The Judicial Service Commission (JSC) kicked off the interview session that spans from October 5 to October 16, 2026, in Sandton, Johannesburg.
On Monday, the JSC interviewed five candidates for three vacancies at the Supreme Court of Appeal (SCA), probing them on issues ranging from outstanding judgments to the use of AI.
Judges Gerald Bloem, Mmathebe Phatshoane and Esther Steyn were recommended for appointment for the three vacancies in the SCA.
JSC then interviewed candidates for leadership and bench positions in the Labour Court and Labour Appeal Court, resulting in recommendations for the Labour Appeal Court and Labour Court, while leaving the Deputy Judge President post unfilled.
Judge Betty Maletsatsi Mahalelo and Judge Graham Nasious Moshoana were interviewed for the Labour Court posts, but the JSC resolved not to recommend either candidate.
Judge Connie Prinsloo and Judge Benita Whitcher were recommended for Labour Appeal Court.
While the Labour Court addresses employment disputes, the Labour Appeal Court deals with matters escalated and challenged at the Labour Court.
Both courts share a Deputy Judge President – a vacancy looking to be filled.
The position of Eastern Cape deputy judge president will remain unfilled, the JSC said late on Friday afternoon, 9 October, after a second round of deliberations and voting.
On Thursday, the commission said none of the four judges had obtained the required minimum of 13 votes’ support. This is the second time in a year the post has remained unfilled since candidates were interviewed in October 2025, leaving the Eastern Cape judicial division without a permanently appointed deputy judge president for over a year and a permanently appointed judge president for almost three years.
In an ongoing saga, Eastern Cape Judge President Selby Mbenenge remains on special leave, but still in office, after successfully obtaining an interdict pending his review of the JSC finding that he was guilty of gross misconduct for sexual harassment.
The interdict was issued days after the JSC announced on 27 July 2026 that it had asked the President to suspend Mbenenge pending parliamentary impeachment proceedings. In April 2026, the JSC found him guilty of impeachable gross misconduct, overturning an earlier Judicial Conduct Tribunal guilty finding on a lesser conduct code violation. The matter dates back to 2023 when his court secretary, Andiswa Mengo, laid a complaint.
While the Eastern Cape recommendation remains undecided, the JSC recommended judges Mfuniselwa Nkosi and James Lekhuleni for the two vacancies on the Competition Appeal Court.
The JSC has also resolved to advise the President to appoint the following candidates to fill four (4) vacancies in the Gauteng Division of the High Court:
- Ms M A Lukhaimane
- Judge S Mfenyana
- Adv J Minnaar
- Judge F M M Reid
Advocate Sekgame Shadrack Tebeile withdrew his candidacy after being faced with tough questions about a default judgment against him for an outstanding vehicle finance loan.
He was advised to go and sort the issues out before making another bid for appointment as judge, advice he followed. The interviews continue on Monday 12 October 2026.