JSC’s October 2026 interviews reveal leadership and judicial appointment challenges
October’s JSC interviews exposed inconsistent scrutiny, unfilled leadership posts and muddled procedures, raising fresh questions about fairness, independence and accountability.
In October 2026, the Judicial Service Commission (JSC) conducted interviews for 22 vacant positions across various superior courts, with particular focus on the Supreme Court of Appeal, Deputy Judge President (DJP) at the labour court, and Eastern Cape Division of the High Court. The interviews revealed several issues related to leadership vacancies, inconsistent scrutiny, and muddled procedures.
Two key leadership vacancies remained unfilled: the DJP position at the labour court and the Eastern Cape Division of the High Court. The latter position had a history of procedural issues, with cancelled interviews and a lack of a recommended candidate despite four interviews being conducted. The JSC's process for announcing results appeared inconsistent, with the decision to wait for further deliberations only to later announce that no candidate would be recommended for appointment.
The interviews also highlighted inconsistencies in questioning candidates, particularly regarding perceived independence. Attorney Elzanne Jonker, who had acted for the Democratic Alliance in the past, faced repeated questions about her potential independence, even raising a cooling-off period concern. In contrast, advocate Mikateko Joyce Maluleke, who had previously worked in a government department, was recommended for appointment without the same level of scrutiny.
This inconsistency in treatment raised concerns about the fairness and impartiality of the JSC's process.
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