The Judicial Service Commission (JSC) interviewed candidates for the Eastern Cape Division’s deputy judge president post on 6 October 2026 but ended the sitting without filling the vacancy. The role has been unoccupied since Judge David van Zyl retired in 2025, and the vacancy was also left open after the JSC’s October 2025 sitting.
Four judges, including Judge Fathima Bibi Adam Dawood and Judge Buyiswa Majiki, were shortlisted for the position. The interviews focused heavily on administrative dysfunction plaguing the Mthatha High Court, such as missing files, case delays, and concerns over the court roll.
During questioning, Judge Dawood acknowledged the negative impact the court’s dysfunction casts on the judiciary. Chief Justice Mandisa Maya expressed concern, stating, “My anxiety is that here is one of the most senior judges in a dysfunctional court running away to a leadership position that is run well by other people.” This hinted at tensions around maintaining effective leadership amid ongoing challenges.
Judge Majiki countered some allegations of corruption, notably those about law firms allegedly securing court dates through bribes, calling these “a thing of the past.” She also highlighted operational improvements: “One of the things we’ve seen is that, for instance, if we look at the fourth term roll now, you see new firms in the court rolls these days.” However, she noted ongoing challenges at the registrar’s office, specifically citing staffing shortages: “There’s still an issue with the registrar’s office because there are only two registrars in Mthatha.”
The JSC’s careful scrutiny of candidates reflects broader institutional strains in the Eastern Cape judiciary. The leadership vacuum, combined with ongoing sexual harassment allegations involving Judge President Selby Mbenenge, adds complexity to the division’s governance and court management.
The deputy judge president role is crucial for overseeing court performance and restoring confidence. Delay and inefficiency in courts have significant implications for access to justice in the Eastern Cape, a province where slow case resolution can exacerbate social and economic hardships.
At the conclusion of the sitting, the JSC announced it would publish its recommendation for the post at a later date rather than immediately. This cautious approach indicates the weight of the issues discussed and the need for thorough consideration.
CapeFlats.co.za will continue monitoring the JSC’s decision and the impact of this vacancy on the Eastern Cape judiciary.