The Judicial Service Commission (JSC) has interviewed 11 candidates to fill five vacancies in the Western Cape division of the high court.
The interviews, held on Thursday and Friday, formed part of a week-long sitting dedicated to filling vacancies across various judicial divisions.
The shortlist consisted of the following legal professionals:
1. Rodgers (Roy) Barendse: Executive consultant and director at Cliffe Dekker Hofmeyr.
2. Ajay Bhoopchand: Practising senior counsel and member of the Cape Bar.
3. Diane Davis: Advocate at the Cape Bar.
4. Elzanne Jonker: Attorney of the high court of South Africa and member of the Legal Practice Council.
5. Ashley Henri Kantor: Practising senior counsel and member of the Cape Bar.
6. Zuko Luvo Mapoma: Advocate and member of the Cape Bar.
7. Ncumisa Mayosi: Advocate at the Cape Bar.
8. Sharon Mthimunye: Permanent magistrate at the Wynberg district court.
9. Pinda Njokweni: Experienced attorney and now a member of the Johannesburg Society of Advocates.
10. Stanley O’Brien: Senior counsel at the Cape Bar.
11. Phillipa Van Zyl: Practising advocate of the Cape Bar.
Candidates were questioned on various aspects of their professional lives, including their educational backgrounds, work experience, and previous judgments. They were also asked to articulate what they would contribute to the country’s judiciary if appointed. The majority of candidates have served several acting stints in the high court and have extensive records of pro bono work.
The interviews were marked by several memorable remarks that may influence the commission’s final recommendations.
Age and experience
While the commission raised concerns regarding several candidates nearing retirement age, the senior practitioners argued that they remain more than capable of performing the role.
Barendse, 63, who has 37 years’ experience as an admitted attorney, stated:
“It is my belief that any institution needs a fair balance between youth and experience. It is always good to have wise, experienced people around. If we look towards the future, several senior judges will retire in the short term. I am willing to serve for the 12 years I have left.”
Bhoopchand, 67, a medical doctor turned lawyer, noted that his career was shaped by his upbringing. His mother wanted him to be a doctor, while his father encouraged a career in law.
“When I was a doctor, I always felt like there was something missing in my life, and I knew exactly what it was,” he said.
Addressing concerns about his age, he added:
“I don’t believe I have been found wanting at my ‘grand old age’ in terms of my capacity to work or my ability to produce quality results. I hope that is reflected in the number and quality of judgments I have written. Regarding my health, my personal diagnosis is that everything is fine.”
O’Brien, 67, echoed this confidence:
“I have extensive experience in running trials. Judicially, I am ready. I can hit the ground running.”
Teamwork and support
Davis emphasised the importance of collegiality within the division.
“We are there to work as a team to deliver justice. Respecting the work of others and encouraging them is vital. I am offering 35 years of experience, a track record of dedication, and a willingness to be a team player. I am a problem solver, a mediator and an encourager.”
Mayosi described the environment during her acting stints as highly supportive, particularly among women.
“The female judges are particularly supportive of one another; among the acting judges, it feels like a sisterhood. We don’t compete; we want all of us to succeed. We are able to interact like that because the environment is conducive to it.”
Political affiliation
Despite having represented the DA for 15 years, Jonker assured the commission of her impartiality.
“I don’t hide that I have acted for the DA for 15 years. When you have a client, you build a relationship of trust, but I have always acted as an independent legal practitioner. I have never been involved in the internal workings of the party. Maintaining that independence for a client goes a long way in proving I will be an impartial judge.”
Competency over popularity
Mapoma challenged the notion that a lower public profile equates to a lack of skill.
“It cannot be that because I am not widely known, I am therefore incompetent or unfamiliar with procedures. I have done my level best to apply the law to the facts and deliver my judgments. Without competence, you cannot make a mark on this profession. For transformation to take place effectively, competence must be mastered by all members.”
The intersection of merit and transformation
Mayosi spoke about the challenges of being a black woman in the legal profession.
“It is difficult. You are often invisible; you have to shout very loud just to be seen. You get involved in briefs where you realise you are only there because you are black — otherwise, you are shut out. Racism is no longer overt; it manifests in micro-aggressions and unsaid things. Even when you are seen as successful, you deal with that every day.”
She concluded by addressing a persistent stigma in the judiciary:
“The belief that merit and transformation cannot exist in the same place still persists. That remains a significant challenge.”
After its deliberations, the JSC resolved to advise President Cyril Ramaphosa to appoint the following candidates to fill the vacancies in the Western Cape division: Barendse, Davis, Mayosi, Njokweni and Van Zyl.
TimesLIVE
Innocentia Nkadimeng
www.timeslive.co.za