The Judicial Service Commission (JSC) will hold another round of voting to determine who should be appointed deputy judge president of the Gqeberha High Court in the Eastern Cape after none of the four shortlisted candidates secured the required majority.
The candidates were interviewed by the commission on Tuesday, but deliberations ended without a successful recommendation.
According to the JSC, none of the candidates received the 13 votes needed to meet the threshold for appointment.
Commission to Conduct Another Vote
JSC chairperson and Chief Justice Mandisa Maya has called on commissioners to continue considering the candidates before another ballot is conducted.
The commission said it planned to complete further deliberations and hold a second round of voting before the end of its current sitting on Thursday.
The process means the four candidates remain under consideration while commissioners attempt to reach the required majority.
Four Judges Remain in Contention
The candidates interviewed for the Gqeberha position bring different levels of judicial experience.
Senior Judge Fathima Dawood has served on the Mthatha High Court bench for 18 years. Judge Buyiswa Majiki has 13 years of experience as a judge.
Judge Vuyokazi Noncembu is the most recently appointed candidate, having joined the High Court bench in 2022. During her interview, she highlighted her experience and abilities in judgment writing.
Judge Bulelwa Pakati has a lengthy background in the lower courts, having spent 21 years working as a magistrate before progressing through different levels of the judiciary.
Second Attempt to Fill the Position
The latest process represents the JSC’s second attempt to fill the deputy judge president position.
The previous interviews, conducted in 2025, did not produce an appointment and were overshadowed by allegations concerning the administration of the Mthatha High Court.
Those allegations included claims that court staff accepted bribes in exchange for allocating dates to particular law firms, as well as concerns over court files allegedly going missing.
The latest interviews therefore take place against the backdrop of previous concerns about the functioning and administration of the Eastern Cape judiciary.
Eastern Cape Judiciary Faces Wider Pressure
The appointment process is also unfolding while Eastern Cape Judge President Selby Mbenenge is involved in a legal challenge concerning Parliament’s consideration of his possible impeachment.
That broader dispute adds to the institutional issues facing the province’s judiciary as the JSC considers candidates for a senior leadership position.
The outcome of the second ballot will determine whether the commission can finally recommend a candidate for the Gqeberha post.
JSC Recommends New KZN High Court Judge
While no decision was reached on the Gqeberha position, the JSC successfully selected a candidate for a separate vacancy at the KwaZulu-Natal High Court in Durban.
The commission resolved on Thursday to advise President Cyril Ramaphosa to appoint senior attorney Jennifer Marion to the bench.
Marion was the only candidate interviewed for the Durban position and has 31 years of experience as an attorney.
Marion Brings Courtroom Experience
Marion has previously acted in both the High Court and magistrates’ courts.
During her interview, commissioners questioned her about transformation within the legal profession and the judiciary.
Commissioner Hlaleleni Matolo-Dlepu described Marion as someone who was passionate about transformation and pointed to the increasing number of women appointed to the bench.
Marion said her own appointment would represent transformation and acknowledged that the judiciary was changing, although she said the process was not happening as quickly as some would like.
She also argued that transformation needed to continue across the legal profession and said progress on the KwaZulu-Natal bench could be seen in the growing number of women serving as judges.
Legal Sector Transformation Remains a Major Issue
The discussion around Marion’s appointment comes amid a wider debate about transformation in South Africa’s legal profession.
On Wednesday, the High Court in Pretoria reviewed and set aside the promulgation of the broad-based black economic empowerment (BBBEE) legal sector code, which had been introduced as a framework aimed specifically at transforming the legal sector.
The legal sector code has received support from several organisations, including the Pan African Bar Association of South Africa, the Black Conveyancers Association, the National Association of Democratic Lawyers and the Black Lawyers Association.
Focus Now Returns to Gqeberha
The JSC’s immediate challenge is to resolve the deadlock over the Eastern Cape deputy judge president position.
With no candidate reaching the required 13 votes during the first ballot, commissioners will now undertake further deliberations before voting again.
The second round will determine whether the commission can reach the necessary majority and recommend one of the four candidates for the senior judicial leadership position.
