Two judges proposed for key SCA posts
THE Judicial Services Commission (JSC) has officially thrown its support behind the nominations of Judges Fayeeza Kathree-Setiloane and Anna Maleshane Kgoele for positions on the esteemed Supreme Court of Appeal (SCA).
It would recommend the two candidates to President Cyril Ramaphosa in due course. The endorsement comes after an exhaustive two-day interview process involving 11 candidates vying for the four available vacancies within the SCA.
The JSC arrived at these recommendations after extensive deliberations late into the night on Tuesday. Notably, the decision was made to fill only two of the four openings within South Africa’s second-highest judicial body.
Kathree-Setiloane, currently serving on the Gauteng High Court in Johannesburg, boasted a remarkable legal career.
A member of the inaugural research team at the inception of the Constitutional Court in 1995, she has accumulated an impressive record of over 40 reported judgments as a high court judge.
Additionally, her tenure at the Labour Appeal Court yielded an astounding 20 reported judgments.
As of this year, Kathree-Setiloane holds the esteemed position of the most senior woman judge at the Johannesburg High Court.
On the other hand, Kgoele, currently presiding over the Mpumalanga High Court, has exhibited a commendable career in the legal arena.
As a judge, she wrote several important judgments on a broad range of subjects such as criminal law, constitutional law, and children’s rights.
After a brief stint in 2018 as Acting Deputy Judge President, Kgoele was transferred in 2019 to the Mpumalanga High Court, where she was among the first group of judges to establish that division.
On Kgoele, the independent body that monitors the judiciary, Judges Matter, said: “While Kgoele holds a long and impressive track record in the legal profession, and has made an enormous contribution to the advancement of women in the judiciary, there are serious questions about her readiness for the Supreme Court of Appeal, given her paucity in reported judgments, particularly in the areas of constitutional law and private law.
“Her appointment would also not do much of a dent in terms of transformation of the SCA, which already has a majority of women judges, most of whom are black.”
Judge David Unterhalter, who has interviewed at least four times for a permanent role in a superior court, and faced rigorous questioning by the Judicial Services Commission (JSC) was snubbed yet again.
Despite two positions left vacant at the SCA, Unterhalter was not endorsed by the JSC.
The JSC interviews continue on Wednesday, with Judge Edwin Mogomotsi Molahlehi as the only candidate interviewed for the position of Deputy Judge President of the Labour and Labour Appeal Court.