ConCourt justice post to remain vacant as JSC lacks viable candidates

Following a two-day interview process for the position of Constitutional Court justice, the Judicial Service Commission (JSC) on Tuesday announced that it was unable to recommend four candidates, as required by constitutional mandate, to the Presidency for final appointment.

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Interviews for the only four applicants - Supreme Court of Appeal justices Tati Makgoka and Ashton Schippers, former Land Claims Court Judge Alan Dodson, as well as law professor David Bilchitz - took place from 8-9 April.

However, during closed-court deliberations, the JSC concluded that one of them did not meet the necessary requirements for the role. The JSC would therefore not be able to recommend the minimum of four candidates to the shortlist, from which President Cyril Ramaphosa would make his official selection for the position.

Because only three candidates were found suitable, the JSC could not make a recommendation to the President.
— RSAJudiciary (@OCJ_RSA) April 9, 2024

The announcement was made by JSC spokesperson Mvuzo Notyesi, who refused divulge which candidate didn't make the cut.

This unfortunate setback means the post, which has been open since October 2021, will remain vacant for the time being. The next round of interviews will take place in October 2024.

In the meantime, comments are currently being sought for the nominations for ConCourt chief justice and Supreme Court of Appeal deputy president.

To read more about the applicant interviews for ConCourt justice, see Lerato Mutsila's article on the Daily Maverick.