ConCourt nominees to be re-interviewed by the JSC

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The Judicial Service Commission (JSC). Photo: Cornel van Heerden .
The Judicial Service Commission (JSC). Photo: Cornel van Heerden .
  • Almost all the nominees for vacancies at the Constitutional Court will be re-interviewed.
  • Law bodies and the public can also have their say on the candidates. 
  • A marathon panel interview session will run from 4 to 8 October. 

Almost all the nominees for vacancies at the Constitutional Court will be re-interviewed, according to the Judicial Service Commission's (JSC) invitation for comment on them on Thursday. 

The last interview session of the nominees was criticised by the Council for the Advancement of the Constitution (Casac), which felt the panel went beyond questions the nominees should be expected to answer. 

The candidates recommended to President Cyril Ramaphosa were judges Fayeeza Kathree-Setiloane, Jody Kollapen, Rammaka Mathopo, Mahube Molemela and Bashier Vally.

SA Boycotts, Divestments and Sanction also tried to get Judge David Unterhalter rejected because of his association with the SA Jewish Board of Deputies. He also gets another interview. 

READ | Casac goes to court to stop appointment of new Constitutional Court judges

Casac spokesperson Lawson Naidoo said on Thursday it had reached an agreement with the JSC following its intention to challenge the interview process in court. 

"The [JSC] has agreed to the relief sought by Casac in its application to the Gauteng High Court…" he added.  

"The recommended shortlist of candidates submitted by the JSC to the president in April 2021 is to be set aside and fresh interviews for those candidates for the Constitutional Court will now be conducted."

Naidoo said this would be made an order of the court. 

Comment from the JSC on this aspect was not immediately available.

Judge Dhaya Pillay's name is absent from the list of nominees to be interviewed. 

Pillay was grilled by EFF leader Julius Malema for her friendship with Pravin Gordhan. 

In the closing moments of her interview, Chief Justice Mogoeng Mogoeng commented then-finance minister Gordhan had, during an unrelated meeting, asked him how she had done in her 2016 interview for a position at the Supreme Court of Appeal.

During his testimony at the Zondo Commission, Ramaphosa was questioned about the ANC's alleged attempts to have a say in which judges should be appointed. 

READ | 'You cannot, as the ANC, choose judges', Ramaphosa tells Zondo Commission

Members of the public have until 13 September to have their say on all the candidates for the vacancies in numerous courts, not just the Constitutional Court.

A marathon panel interview session will run from 4 to 8 October. 

A call for nominations was published on 4 June, with the closing date for submissions being 5 July. 

JSC spokesperson advocate Dali Mpofu SC said in a statement the screening committee of the JSC finalised the shortlist of candidates on Wednesday.

The candidates are: 

Constitutional Court (Two vacancies):


Advocate Alan Christopher Dodson SC

Judge Fayeeza Kathree-Setiloane

Judge Narandran (Jody) Kollapen

Judge Rammaka Steven Mathopo

Judge Mahube Betty Molemela

Judge David Unterhalter

Judge Bashier Vally


Competition Appeal Court (judge president):

Judge Bhekisisa Jerome Mnguni

Competition Appeal Court (Two vacancies):

Judge Denise Carol Fisher

Judge Norman Michael Manoim

Electoral Court, Judge Member (Two vacancies):

Judge Jamela Joseph Mhlambi

Judge Lebogang Temperance Modiba

Electoral Court, Non-Judge Member (Two vacancies):

Professor Nomthandazo Patience Ntlama-Makhanya

Zaahira Moosa Allie Tiry

Sungaree Pather

Professor Moses Retselisitsoe Phooko

Eastern Cape Division of the High Court, Mthatha (One vacancy):

Advocate Nceba Kirby Dukada SC

Mziwonke Samson Dunywa

Mbulelo Victor Nqumse

Lindiwe Rusi

Buyiselo Irven Somacala

Eastern Cape Division of the High Court, Grahamstown (Three vacancies):

Advocate Méchelle Beneke SC

Mziwonke Samson Dunywa

Professor Avinash Govindjee

Stephen Kenneth Gough

Justin Gregory Alexander Laing

Ms Sandiswa (Mickey) Mfenyana

Mbulelo Victor Nqumse

Adv Thandi Victoria Norman SC

Advocate Nicholas John Mullins SC

Advocate Olav Harald Ronaansen SC

Buyiselo Irven Somacala

Free State Division of the High Court (One vacancy):

The JSC decided not to shortlist any candidate for this position.

Gauteng Division of the High Court (10 vacancies):


Noluntu Nellisa Bam

Advocate Allyson Ashley Crutchfield SC

Advocate Daniel Petrus de Villiers SC

Jabulani Ellington Dlamini

Dario Dosio

Advocate Harshila Khoosal Kooverjie SC

Advocate Steven Kuny SC

Advocate John Holland-Müter SC

Mncedisi Patrick Khumalo

Advocate Keitumetse Johanna Mogale

Anthony Peter Millar

Advocate Cassim Ismail Moosa

Advocate Jabulani Selby Nyathi

Advocate Jacobus Johannes Strijdom SC

Advocate Jan Jacobus Clute Swanepoel

Advocate Brad Christopher Wanless SC

Livhuwani Betty Vuma


Gauteng Division of the High Court for secondment to the Land Claims Court (Two vacancies):

Advocate Susannah Jane Cowen SC

Limpopo Division of the High Court (One vacancy):

Antolize Lamminga

Advocate Marisa Naudé-Odendaal

Advocate Thogomelani Coution Tshidada

Mpumalanga Division of the High Court, Mbombela and Middelburg (Two vacancies):

Advocate Heinrich Frederich Braukmann

Advocate Denise Greyling-Coetzer

Mpopelele Bruce Gilbert Langa

Antolize Lamminga

Nhlanhla Snowy Masango

Paul Doctor Nkuna

Advocate Johannes Hendrickus Roelofse

Western Cape Division of the High Court (Two vacancies):

Pearl Deidré Andrews

Dr James Dumisani Lekhuleni

Daniel Mafeleu Thulare

Constance Noluthando Nziweni

Advocate Mohamed Salie SC

Law bodies and the public can comment on the suitability or otherwise of the candidates by writing to the Judicial Service Commission at chiloane@concourt.org.za and TPhaahlamohlaka@judiciary.org.za, cc: JSC@judiciary.org.za. 

Comments for each candidate must be on a separate page in both PDF and Word documents. 

Comments must reach the secretariat by no later than 13 September 2021. 

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