Public advocacy group Freedom Under Law (FUL) has expressed its dismay at the Judicial Services Commission’s (JSC’s) failure to fill two judge vacancies at the Supreme Court of Appeal (SCA), as well as its rejection of Judge David Unterhalter.

According to the JSC’s criteria and guidelines for appointing a judge, candidates are required to be technically competent, experienced and should be able to give expression to the values of the Constitution.

FUL chairperson Judge Azhar Cachalia asserted that the SCA requires judges with a breath of experience and a deep knowledge across all branches of the law.

The advocacy group singled out the JSC’s failure to recommend the appointment of Unterhalter, who it considers to be one of the country’s leading jurists.

“The South African judiciary, which has typically stood as a bulwark against the most egregious excesses of power, can therefore ill-afford to be denied the undoubted judicial qualities of top jurists at this critical juncture,” Cachalia said.

In consideration of the plaudits Unterhalter received from commissioners for his technical competence and diligence during his interview, FUL opined that there were no circumstances which justified the JSC’s decision not to recommend his candidature.

FUL has supported the Council for the Advancement of the South African Constitution’s request for reasons to be provided as to why two vacancies have been left open.

“This takes place in a context where many of South Africa’s State institutions have all but collapsed as a result of appointment processes which have been deeply flawed, sometimes even corrupt,” Cachalia said.