JSC settles on list of Apex court picks

THREE women and two men made the final list of Supreme Court of Appeal (SCA) picks for appointment by the Judicial Service Commission (JSC).

The JSC chose the final five yesterday following a gruelling interview process.

High Court judges, who serve in various divisions across the country and who have been selected were Gauteng Judge Zeenat Carelse, Pretoria-based Judge Wendy Hughes, Eastern Cape Judge Nolwazi Penelope Mabindla-Boqwana, KZN Judge Trevor Richard Gorven and Gauteng Judge Selewe Peter Mothle.

Gauteng High Court Judge Aubrey Ledwaba, who faced tough questions over his handling of the sealing of the CR17 financial documents, did not make the shortlist.

The JSC will now submit the names to President Cyril Ramaphosa, to appoint the candidates picked by the JSC.

On Wednesday, the JSC chose five candidates for Ramaphosa to make a decision on two vacant positions at the Constitutional Court.

The JSC have selected high court Judge Fayeeza Kathree-Setiloane, high court Judge Jody Kollapen, Supreme Court of Appeal judges Mahube Molemela and Rammaka Mathopo, and Judge Bashier Vally.

Concourt justices are appointed for a non-renewable 12-year term. Further vacancies will open up on the court in October when Chief Justice Mogoeng Mogoeng retires, along with judges Chris Jafta and Sisi Khampepe.

The commission also appointed a deputy judge president for the Free State High Court division.

Although there was a concern over her short stint as a judge, Judge Nobulwao Mbhele was appointed to serve in the role.

The JSC had interviewed three candidates for the post of deputy judge president of the Free State High Court.

A fellow candidate, Judge Johannes Daffue, had raised concerns that Judge Mbhele had only been a judge for six years and may be too young for the role. The JSC commissioners took some exception to his claims. And with Judge Mbhele’s nod, seem to have decided to pick her over others.

Judge Mbhele has served as a judge since 2016. She has covered numerous rape cases. She also heard a case between the royal family and the premier of the Eastern Cape over a dispute on termination of the tenure of the acting king of the AbaThembu nation.

She will serve alongside Free State Judge President Cagney Musi.

During her interview, Judge Mbhele was asked how she would be able to lead senior judges in her division. She said from her previous work at Legal Aid she was able to lead much older colleagues.

When asked about judicial independence, Judge Mbhele said judges should not allow themselves to be “contaminated” by criticism over the judgments which they issue.

JSC selections will continue today.