---
title: "JSC under the gun — mountain of interviews, judicial ethics crisis on October agenda"
description: "Besides interviewing 44 candidates for 22 vacancies at 11 superior courts across the country, the Judicial Service Commission must pass reforms to its interviews and ethics processes, and also decide the fate of two judges facing allegations of bribery."
type: "OpinionNewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "Opinionistas"
author: "Mbekezeli Benjamin"
author_url: "https://www.dailymaverick.co.za/author/mbekezeli-benjamin1/"
canonical_url: "https://www.dailymaverick.co.za/opinionista/2026-10-01-jsc-under-the-gun-mountain-of-interviews-judicial-ethics-crisis-on-october-agenda/"
published: "2026-10-01T23:08:22"
lang: "en-ZA"
word_count: 1368
---

# JSC under the gun — mountain of interviews, judicial ethics crisis on October agenda

> Besides interviewing 44 candidates for 22 vacancies at 11 superior courts across the country, the Judicial Service Commission must pass reforms to its interviews and ethics processes, and also decide the fate of two judges facing allegations of bribery.

By Mbekezeli Benjamin · Published 2 October 2026, 01:08 SAST

## Content

The October 2026 meeting of the Judicial Service Commission (JSC), which starts on Monday, 5 October, may turn out to be the most consequential in many years. While most of our attention is gripped by the Madlanga Commission and the gimmicks of the upcoming elections, the JSC’s decisions in the next few days need our collective attention since they will determine the future of an independent, ethical and credible judiciary.

On the agenda will be a suite of reforms to the JSC’s processes, a large number of judicial vacancies to fill (44 candidates for 22 vacancies at 11 superior courts) and some of the most serious cases of judicial misconduct since the dawn of democracy.

Originally scheduled for two full weeks from [5 to 16 October](https://www.judgesmatter.co.za/jsc-interviews/jsc-october-2026-candidates/), the JSC meeting in Sandton, Johannesburg, has now been trimmed to just eight days (until 13 October). This is likely to accommodate the 4 November municipal elections, ahead of which the nine parliamentarians who sit on the JSC – including EFF leader [Julius Malema](https://www.dailymaverick.co.za/article/2026-09-29-malemas-jsc-future-hangs-in-balance-despite-belated-apology/) – are busy on the campaign trail. Since 2024, Chief Justice Mandisa Maya, who chairs the JSC, has insisted that JSC members attend meetings in person instead of online.

### Reforms to JSC’s wild interviews: A code of ethics

At the top of the JSC’s agenda are proposed reforms to how the JSC conducts interviews. In response to [trenchant criticism](https://www.dailymaverick.co.za/opinionista/2021-06-30-comprehensive-review-the-jsc-is-in-freefall-and-the-stakes-are-too-high-for-it-to-fail/) over many years of the JSC’s interview process, the commission in [April 2026 prepared a document](https://www.judgesmatter.co.za/opinions/media-statement-jsc-invites-public-comment-on-revised-judicial-appointment-procedures/) to codify and revise how it conducts its business. Key proposals include a new ethics enforcement mechanism, and a new voting mechanism to replace the JSC’s current system where vacancies are bizarrely left open even when there are suitable candidates for appointment.

Importantly, the new reforms also make it clear that commissioners on the JSC are not free agents to behave however they please – they are bound by the ethical codes of the bodies that nominated them. For judges on the JSC, it’s the Code of Judicial Conduct; for legal practitioners, it’s the Code of Conduct for the Legal Practitioners; MPs are bound by Parliament’s Code of Ethics; while the minister of justice is bound by the Executive Ethics Code.

Significantly, the new proposal grants the JSC the power of recall. Where there is a reasonable basis that a JSC commissioner has breached the standards expected of them during the interviews, the JSC may request that the nominating body (whether it is Parliament or the legal profession) remove, replace or discipline that commissioner. In recent weeks, Malema [agreed to apologise](https://www.ewn.co.za/julius-malema-agrees-to-formally-apologise-to-judge-matojane-in-parliament-next-month/) as a sanction for a [2021 complaint](https://pmg.org.za/tabled-committee-report/4784/) against him by NGO [Casac](https://casac.org.za/casac-welcomes-malemas-commitment-to-apologise-to-judge-matojane/) using Parliament’s Code of Ethics. The new JSC reforms enable the JSC to file complaints itself, against any of its commissioners. It is a significant stick to hold them accountable and prevent the abusive behaviour we saw in past interviews.

[For context

Malema’s JSC future hangs in balance despite belated apology

September 29, 2026 ![Image](https://cdn.dailymaverick.co.za/i/A1N2fmZgpbWB7hy1lQayp31nKbA=/450x0/smart/file/dailymaverick/wp-content/uploads/2025/09/ED_538932.jpg)](https://www.dailymaverick.co.za/article/2026-09-29-malemas-jsc-future-hangs-in-balance-despite-belated-apology/)

There’s little doubt that such behaviour has damaged the credibility of the judicial appointment process and scared some potential candidates away. Crucial courts such as the Constitutional Court and the Labour Court suffered longstanding vacancies as a result.

However, Judges Matter has raised concerns that the reforms do not go far enough. Using comparative research from other countries, Judges Matter [wrote a submission](https://www.judgesmatter.co.za/opinions/media-statement-judges-matter-welcomes-the-judicial-service-commissions-new-procedure-and-ethical-guidelines-document/) urging the JSC to draw up a uniform ethical code that would address any gaps, such as the unique standards to hold the chair of the commission accountable.

The JSC is under some pressure to finalise these reforms. In a [settlement agreement](https://freedomunderlaw.org/2026/09/01/freedom-under-law-settles-litigation-with-the-judicial-service-commission/) signed with NGO Freedom Under Law in August, and which is now a court order, the JSC undertook to finalise the reforms by its October meeting.

### Marathon round of interviews for new judges

Next on the agenda, the JSC will run a marathon round of interviews for crucial vacancies in the courts. A total of 44 candidates are shortlisted for 22 judge vacancies at 11 superior courts. These include the Supreme Court of Appeal (SCA), the Labour and Labour Appeal Courts, the Competition Appeal Court, the Land Court and various high court divisions (Gauteng, KwaZulu-Natal, the Northern Cape and the Western Cape). The vacancies are due to natural attrition – retirements, promotions, and a death.

Four of the five candidates shortlisted for three vacancies on the Supreme Court of Appeal have been interviewed for that court in the past three years. In 2023, Northern Cape Deputy Judge President [Violet Phatshoane](https://www.judgesmatter.co.za/interviews/april-2017-interviews/jsc-candidates/judge-violet-phatshoane/) faced a hostile JSC interview for being “overambitious” for seeking promotion to the SCA only two years after appointment to the DJP position. Judges [Gerald Bloem](https://www.judgesmatter.co.za/g-h-bloem/), [Esther Steyn](https://www.judgesmatter.co.za/e-j-s-steyn/) and [Mokgere Masipa](https://www.judgesmatter.co.za/judge-mokgere-masipa/) were pipped at the post in a highly competitive April 2026 JSC meeting. The only debutant – Gauteng High Court Judge [Ingrid Opperman](https://www.judgesmatter.co.za/october-2016-interviews/jsc-candidates/advocate-opperman-sc/) – was previously shortlisted for the Constitutional Court in 2025 but withdrew days before the interviews.

The SCA is currently buckling under the weight of a heavy caseload and is facing criticism for taking too long to hear and adjudicate appeals. The JSC can ill afford to leave the vacancies open.

Two candidates – Gauteng High Court Judges [Betty Mahalelo](https://www.judgesmatter.co.za/ms-maletsatsi-betty-mahalelo/) and [Graham Moshoana](https://www.judgesmatter.co.za/judge-graham-moshoana/) – are vying for the position of deputy judge president of the Labour Court. This is a must-fill vacancy for the JSC, considering that current Judge President [Edwin Molahlehi](https://www.judgesmatter.co.za/judge-molahlehi/) retires by November and would leave the crucial court leaderless.

Four candidates are vying for the deputy judge president position for the troubled Eastern Cape High Court. Two of the four – Judges [Buyiswa Majiki](https://www.judgesmatter.co.za/b-majiki/) and [Bulelwa Pakati](https://www.judgesmatter.co.za/interviews/october-2017-interviews/jsc-candidates/judge-bulelwa-pakati/) – were interviewed in October 2025 in a session in which the troubles in the court were laid bare. The JSC found none of those four candidates appointable. Will the remaining two persuade the JSC differently this time?

Eight candidates will compete for three vacancies in the Western Cape High Court. A previously troubled court, it seems to be on the up, as can be seen in the calibre and variety of shortlisted candidates: two candidates hold PhDs, including University of the Western Cape law professor [Fareed Moosa](https://www.judgesmatter.co.za/fareed-moosa/). Three are senior counsel, including respected tax silk [Michael Janisch SC](https://www.judgesmatter.co.za/michael-walter-janisch-sc/). The remaining three are senior magistrate [Sharon Mthimunye](https://www.judgesmatter.co.za/sharon-mthimunye/), trailblazing attorney [Elzanne Jonker](https://www.judgesmatter.co.za/elzanne-mureen-jonker/) and advocate [Zuko Mapoma](https://www.judgesmatter.co.za/zuko-luvo-mapoma/) – a former corporate executive with an MBA. The JSC has the happy problem of trimming this list from eight to three.

The JSC must also fill four judge vacancies in the Gauteng High Court from a shortlist of 10 candidates. Alongside these vacancies, the commission must also consider appointing judicial conduct tribunals for several Gauteng judges facing serious allegations of misconduct which risk harming the judiciary’s reputation.

In a first for South Africa’s history, [Judge Portia Phahlane](https://www.news24.com/southafrica/crime-and-courts/corruption-accused-judge-phahlanes-trial-inches-closer-20260723-0624) is currently on trial for corruption for allegedly accepting bribes worth R2-million to rule in favour of a litigant. After her dramatic arrest in November 2025, the JSC bizarrely passed up the opportunity to [immediately suspend](https://www.judgesmatter.co.za/opinions/media-statement-judges-matter-calls-for-gauteng-high-court-judge-charged-with-corruption-to-step-down-and-be-suspended-immediately/) Phahlane pending a tribunal investigation. Instead, they referred her to the Judicial Conduct Committee (JCC) which, in May 2026, [recommended](https://groundup.org.za/article/corruption-accused-judge-portia-phahlane-to-face-tribunal/) the same tribunal investigation. Nearly a year after the arrest, and much reputational damage done to the judiciary, the JSC now has to either endorse or reject the tribunal investigation recommendation.

Similarly, in May 2026, the JCC ruled that Gauteng Judge Samuel Makamu must face a tribunal investigation over allegations that he solicited a R5,000 bribe from a litigant.

Likewise, the JCC recommended a tribunal investigation for Judge Mncedisi Khumalo for failing to [deliver several judgments timeously](https://groundup.org.za/article/judge-snubs-jsc-over-late-judgments/), in line with judicial norms and standards.

While judicial misconduct is always worrying, the scrutiny now falls on the JSC to act swiftly and assure the public that South Africa is not facing a judicial ethics crisis.

While the JSC’s proceedings have been more well known for drama and sensation, the JSC is a crucial body. Its decisions on the appointment and discipline of judges are essential for a strong and independent judiciary that can speedily and effectively dispense justice to all. Despite the pressures the JSC faces, the next few days will indicate if the JSC takes the weight of this responsibility seriously. **DM**