JSC recommends only one labour court judge, leaves two vacancies open

JSC recommends only one labour court judge, leaves two vacancies open! The Judicial Service Commission (JSC) has concluded its Labour Court and Electoral Court interviews, recommending only one candidate for the Labour Court while two vacancies remain unfilled.

Tapiwa Gandidze Secures Labour Court Appointment

Lawyer Tapiwa Gandidze was the only successful candidate recommended for the Labour Court. Meanwhile, Judge Leicester Adams, who was the only candidate interviewed for the Electoral Court, was also approved for appointment. This marks Adams’s third attempt at securing the role.

Following the interviews, the JSC will submit the two names to President Cyril Ramaphosa, who will make the final decision on their appointments.

Labour court judge

Vacancies in the Labour Court Remain a Concern

Despite the need for additional appointments in the Labour Court, the JSC did not recommend any of the other candidates who were interviewed. This leaves two positions vacant, raising concerns about the efficiency of the Labour Court in handling employment-related disputes in the country.

The Labour Court plays a crucial role in addressing workplace conflicts, unfair dismissals, and disputes between employees and employers. The lack of sufficient judges could result in longer waiting times for cases to be heard and resolved.

Citizenship Question Raised in Gandidze’s Interview

During her interview, Tapiwa Gandidze, who was born in Zimbabwe but holds South African citizenship, was asked about her experience in cases involving foreign nationals.

“I am not aware of any matter that I have worked on where there were foreign nationals involved. Maybe they were, but if the papers do not refer to the fact that they are foreign nationals, I have no way of knowing. When I sit as a judge, whether you are a South African or a foreign national, I am just applying the law. I look at the facts and I apply the law to the facts,” she responded.

This line of questioning sparked discussions about whether citizenship should play a role in judicial appointments, especially given that South African law does not require citizenship for Labour Court judges—except for those appointed to the Constitutional Court.

Electoral Court Appointment: Adams Finally Secures the Role

Judge Leicester Adams, after two previous unsuccessful attempts, was finally recommended for appointment to the Electoral Court. The Electoral Court is responsible for handling legal matters related to elections, including disputes, complaints, and challenges concerning the Electoral Commission of South Africa (IEC).

His appointment comes at a crucial time, as South Africa prepares for upcoming elections where legal challenges and disputes are likely to arise.

The Impact of These Judicial Appointments

The JSC’s decision to recommend only one Labour Court judge has raised concerns about the appointment process, particularly the strict selection criteria that led to two vacancies remaining open.

Critics argue that leaving key judicial positions unfilled could negatively affect the efficiency of the courts, while others believe the JSC is ensuring only the most qualified candidates are appointed.

With Gandidze and Adams’s names now awaiting the president’s approval, attention shifts to whether the JSC will reopen applications for the remaining Labour Court positions or leave them vacant until the next round of interviews.

For now, the Labour Court will have to function with a reduced bench, and the Electoral Court will move forward with Adams’s appointment, expected to be finalized in the coming weeks.