The race to fill the deputy judge president vacancy in the Eastern Cape continues.
This comes after four judges — Bulelwa Pakati, Vuyokazi Noncembu, Buyiswa Majiki and Fatima Dawood — fell short in their interviews with the Judicial Service Commission on Tuesday.
The JSC said in a statement that following the interviews and deliberations, "none of the candidates achieved the required majority of 13 votes".
"The procedures for shortlisting, interviewing and recommending candidates for judicial appointment and regarding breaches of members' duties of confidentiality, law and ethical standards include the provision that should a vacancy remain due to some or all of the candidates, the chairperson may invite the JSC to engage in further deliberations in relation to those of the candidates that did achieve a majority.
"Those of the candidates that did achieve a majority should not be reconsidered in this second process, and should be recommended for appointment.
"The deliberations and the second round of voting should be conducted as set out above, mutatis mutandis.
"A candidate that did not achieve a majority in the first round that achieves a majority in the second round, may be recommended for appointment.
"The chairperson of the [commission] has invited the JSC to engage in further deliberations in relation to the relevant candidates and the JSC intends to deliberate further and conduct a second round of voting before the end of the current sitting."
The current sitting is scheduled to end next Tuesday.
Judges Matter research and advocacy officer Mbekezeli Benjamin said the JSC on Monday adopted a new Procedure and Regulations policy that regulates how it conducts interviews and arrives at its decisions.
Benjamin said after interviews and deliberations, the JSC arrived at its decision on the candidate to appoint through a vote by secret ballot.
A candidate needs to have a minimum of 13 votes.
"The candidate that scores the highest above 13 will be recommended for appointment.
"If no candidate scores 13 votes, and instead of leaving the vacancy open, the new policy requires the JSC to go on to a second round of deliberations and voting.
"This is what happened for the Eastern Cape deputy judge president position.
"After deliberations on Tuesday night, none of the four candidates obtained 13 votes.
"However, by the time the votes were announced, Premier Oscar Mabuyane had travelled back to the Eastern Cape.
"Since then, the JSC has not been able to reconvene as it has been busy with interviews for other judicial posts," Benjamin said.
He said Judges Matter welcomed the JSC’s implementation of its new policy and the commitment to fill the vacancy before the end of this session.
"The alternative would have been that such a critical vacancy is left open until the April 2027 interviews or later, which is disruptive to the functioning of the Eastern Cape high court.
"We hope the JSC reconvenes urgently and resolves on the appointment," he said.
Zolile Ngqeza, provincial chairperson of the Black Lawyers Association (BLA) said: "The matter remains under advisement, and the process is still ongoing.
"It would therefore be premature to express definitive views on the outcome at this stage.
"However, as chairperson of the BLA Eastern Cape, and given that my legal practice is situated in Gqeberha, I believe it is important to outline the qualities that, in my view, should guide the consideration of suitable candidates for judicial appointment in our province.
"A suitable candidate should be confident and decisive, while remaining humble and mindful of the responsibilities associated with judicial office.
"The candidate should also demonstrate a clear commitment to development and empowerment, particularly through supporting the growth of aspiring and serving judges. "
He said while representivity remained an important aspect of transformation, it should be considered alongside competence, integrity, independence and a demonstrated commitment to advancing the broader objectives of a transformed judiciary.