By Lehlohonolo Lehana.
Professor David Bilchitz — the first academic to be interviewed for the Constitutional Court — was grilled by the Judicial Service Commission (JSC) about his lack of judicial experience in an interview on Monday.
A human rights and constitutional law expert, Bilcitz is vying for the justice post in the apex court that has been vacant since 2021.
The academic is the first non-judge in decades to be interviewed for the job.
Bilchitz told the Judicial Service Commission (JSC) on Monday that academic expertise is not the same as others’ and should be distinguishable.
It is a different form of expertise. I could have chosen the route of being an attorney, advocate and be appointed as a judge potentially.
“That would have have been a different route of a legal career. An academic career brings with it certain advantages and disadvantages, and we have incredible judges and advocates who bring a wealth of expertise to the court.
“But they do not have the same expertise as myself. The key is to distinguish the differences between the expertise,” he said.
The law professor’s first stint in court was in the Constitutional Court when he served as a law clerk to the late Justice Pius Langa in 2000.
He was admitted as an attorney in 2007, but never practised law and instead became an acclaimed academic.
To date, he has written books, published 47 journal articles, contributed to 27 book chapters and wrote other wide-ranging papers on human rights.
Bilchitz has for the past two months acted in the Constitutional Court.
The commissioners grilled him on his lack of judicial experience.
“Its quite clear you wrote extensively on the subject. What would you say to someone pointing out that you didn’t practise and that that counts against you?” asked chairperson and Chief Justice Raymond Zondo.
Bilchitz said section 174 of the constitution, which lays out requirements for judicial appointments, allows for others with different experience to join the apex court.
Bilchitz said his global knowledge and experience will bring a difference to the Constitutional Court should he be appointed.
The JSC will on Tuesday interview judges Tati Makgoka and Ashton Schippers, both of the SCA, and Advocate Alan Dodson. All three are also vying for the Constitutional Court post.
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Video Courtesy of JRSA.