JSC Advocates Judges Kathree-Setiloane and Kgoele, Overlooks Unterhalter Once Again

After an extensive deliberation period of approximately four hours, the Judicial Service Commission (JSC) publicized its stance in favour of appointing judges Fayeeza Kathree-Setiloane and Maleshane Kgoele to the esteemed Supreme Court of Appeal (SCA). However, and not for the first time, Judge David Unterhalter found himself overlooked in the selection process.

In an unexpected occurrence ensuing the JSC's announcement, EFF leader and JSC commissioner, Julius Malema, hinted towards having a direct impact on the result, intriguingly suggesting his silence during the interview process played a role in influencing the outcomes. Earlier reports from News24 had noted Malema's silence in the initial day of SCA interviews, which were primarily concentrated on examining the judicial competence of potential appointee candidates to the country's second-highest judicial seat. His implication in any influence over appointment decisions could mark a notable development within the JSC's valuation process.

The decision to back judges Kathree-Setiloane and Kgoele whilst failing to appoint Judge Unterhalter immediately invites questions and curiosity as it results in only half of the SCA's four vacancies being fulfilled. As such, the appointment process is a piquing area of interest within the South African judicial system worth examining in future discourses on legal appointments and responsibilities.