JSC: Eastern Cape Judicial Leadership Vacancies Remain Unfilled

• The Judicial Service Commission's October interviews left key judicial leadership posts in the Eastern Cape and Labour Court unfilled.
• The Eastern Cape High Court has operated for nearly three years without a permanent Judge President due to Selby Mbenenge's special leave, his successful interdict against suspension, and impending impeachment proceedings.
• A Deputy Judge President vacancy also remains unfilled after the retirement of David van Zyl in early 2025 and subsequent JSC interviews in both October 2025 and October 2026, leading to multiple acting appointments.
• Eastern Cape courts, especially in Mthatha, are experiencing slow case finalisation and face allegations of bribery for court dates.
• The ongoing leadership instability raises concerns about the efficiency and integrity of the justice system in the region.

Lawyers practicing in the Eastern Cape High Court, particularly in Mthatha, should anticipate continued case finalisation delays and potential inconsistencies in court administration due to the ongoing judicial leadership vacancies and acting appointments.

The Judicial Service Commission (JSC) recently concluded its October interviews without filling critical judicial leadership positions, particularly within the Eastern Cape High Court and the South Africa Labour Court. This outcome has ignited concerns regarding the stability and succession planning essential for the nation's judiciary. The Eastern Cape High Court, in particular, has faced a prolonged period of leadership uncertainty, operating for nearly three years without a permanently appointed Judge President.

This extended vacancy stems from the incumbent, Selby Mbenenge, being placed on special leave in late 2023 following a serious sexual harassment complaint lodged by his court secretary. Further complicating matters, in April 2026, the Judicial Service Commission South Africa overturned an earlier tribunal decision, ultimately finding Mbenenge guilty of gross misconduct related to the sexual harassment allegations. This finding has paved the way for potential impeachment proceedings against him; however, Mbenenge successfully obtained an interdict in late July 2026 against his suspension pending these proceedings, meaning he remains on special leave but still in office, leaving the top leadership role in the Eastern Cape High Court in a state of flux.

The leadership void extends beyond the Judge President's office. One of the two Deputy Judge Presidents, Zamani Nhlangulela, was appointed to serve as the acting Judge President. However, the other Deputy Judge President, David van Zyl, retired during the first half of 2025, thereby creating a second significant vacancy. Despite the pressing need, this Deputy Judge President position remained unfilled following both the JSC October interviews 2025 and October 2026, leading to a series of temporary acting appointments to manage the court's operations. Notably, three of the four candidates interviewed for this specific post had already served in an acting capacity, underscoring the reliance on temporary solutions.

The ongoing JSC Eastern Cape judicial leadership vacancies have significant repercussions for the administration of justice in the region. Courts across the Eastern Cape, and especially in Mthatha, are grappling with substantial delays in case finalisation. This administrative instability is exacerbated by the lack of permanent leadership, which can hinder long-term strategic planning and consistent oversight necessary for efficient court functioning.

Compounding the operational challenges are serious allegations of bribery being used to secure court dates. Such claims, alongside the slow pace of justice, erode public trust and undermine the integrity of the judicial process. The absence of stable, permanent leadership at the highest levels of the Eastern Cape High Court makes it more difficult to address these systemic issues effectively and restore confidence in the court's impartiality and efficiency.

The situation is described as "extraordinary" for such a crucial leadership position to remain vacant after multiple interview rounds. This prolonged state of acting appointments and unfilled roles suggests a deeper challenge within the judicial appointment process or a lack of suitable, available candidates who meet the JSC's criteria. The unresolved status of the Selby Mbenenge impeachment proceedings, complicated by his successful interdict against suspension, further complicates the path to a permanent resolution for the Judge President role, creating a cascading effect on other leadership appointments.

The failure to fill these key positions, particularly the JSC Eastern Cape judicial leadership vacancies, raises fundamental questions about the Judicial Service Commission South Africa's ability to ensure a stable and effective judiciary. A judiciary reliant on acting appointments for extended periods can struggle with consistency in judicial philosophy, administrative direction, and the implementation of reforms. This instability can have a tangible impact on legal practitioners and litigants alike, who depend on a predictable and efficient court system.

Lawyers practicing in the Eastern Cape High Court, particularly in Mthatha, should anticipate continued case finalisation delays and potential inconsistencies in court administration due to the ongoing judicial leadership vacancies and acting appointments. This instability may necessitate adjustments to litigation strategies and client expectations regarding timelines. The absence of permanent leadership can also affect the morale of judicial officers and court staff, potentially impacting productivity and the overall quality of justice delivered.

The current state of affairs underscores a critical challenge in judicial succession planning and the timely resolution of disciplinary matters. The prolonged absence of a permanent Judge President, coupled with the unfilled Deputy Judge President role, creates a vacuum that temporary appointments can only partially address. This situation, if left unaddressed, risks entrenching inefficiencies and undermining the rule of law in a vital region of South Africa.

Lawyers practicing in the Eastern Cape High Court, particularly Mthatha, should anticipate continued case finalisation delays and potential inconsistencies in court administration due to the ongoing judicial leadership vacancies and acting appointments. This instability may necessitate adjustments to litigation strategies and client expectations regarding timelines.

Source: Original reporting via Daily Maverick and AllAfrica.