JSC recommends three seasoned judges for elevation to SA's Supreme Court of Appeal

Judicial leadership, decades of legal practice and a reputation for delivering timely judgments are among the strengths three seasoned judges would bring to South Africa’s Supreme Court of Appeal (SCA), following their recommendation for appointment on Monday.

The Judicial Service Commission (JSC), chaired by Chief Justice Mandisa Maya, selected Gerald Bloem, Mmathebe Violet Phatshoane, and Esther Steyn from five candidates interviewed for three vacancies at an appellate court facing capacity pressures. Their names will go to President Cyril Ramaphosa for appointment.

The SCA vacancies are the highest judicial posts on offer in the current interview round, which continues in Johannesburg through 13 October and seeks to fill 22 positions across superior and specialist courts.

For Bloem, an Eastern Cape High Court judge, the recommendation came on his third attempt to secure a permanent SCA position. Asked about his age and the prospect of serving only another three-and-a-half years, he argued that his experience could help address the loss of seasoned appellate judges.

“Over the last three or four years that court has lost a lot of skills in judges, either SCA judges retiring or elevating to the Constitutional Court,” he said. “There is a need for judges with experience and skill to fill the void left by those judges.”

A former teacher who became senior counsel before joining the Eastern Cape bench in 2015, Bloem has written more than 250 judgments and served several acting terms at the SCA. His prompt delivery of judgments drew praise during the interviews from Justice Dumisani Zondi, the court’s Deputy President, highlighting the importance of timely decisions alongside legal expertise.

Phatshoane, Deputy Judge President of the Northern Cape High Court, would return permanently to an institution where she worked early in her legal career. In 1996, she served as a legal researcher in the Appellate Division, the SCA’s predecessor, before practising as an attorney and joining the Northern Cape bench in 2011.

Appointed Deputy Judge President in 2021, she brought the most judicial leadership experience of the five candidates. Her record includes periods as Acting Judge President and Acting Deputy Judge President of the Labour Courts, alongside service in the Labour Appeal Court and SCA.

Steyn had the longest permanent judicial tenure in the field, having joined the KwaZulu-Natal High Court in 2009. Her career spans criminal litigation, academic scholarship and judicial service, including acting appointments in the Electoral Court and SCA. Mentoring judges and contributing to judicial education have also been important strands of her work.

The depth of the field extended beyond those recommended. Judge Busisiwe Masipa brought experience across several appellate courts, while Judge Ingrid Opperman’s record included acting service and judgments in the Constitutional Court. Neither was recommended.

More than 40 candidates are being considered during the wider interview round. Alongside High Court vacancies and an Eastern Cape Deputy Judge President position, posts in the Labour, Competition Appeal, Electoral and Land Courts offer an opportunity to strengthen judicial capacity in areas affecting employment, business, elections and land rights.