Applicants for Constitutional Court Vacancy

On 9 July 2015, the Judicial Service Commission will interview candidates to fill the vacancy on the Constitutional Court left when Justice Skweyiya retired in February 2014.

The candidates are:

  1. Judge Nonkosi Mhlantla, whose application can be viewed here.
  2. Judge Dhayanithie Pillay, whose application can be viewed here.
  3. Judge Leona Theron, whose application can be viewed here.
  4. Judge Zukisa Tshiqi, whose application can be viewed here.

A brief overview of the candidates is provided below. Continue reading

Acting Justices at the Constitutional Court

Justices Ray Zondo and Johann van der Westhuizen are on long leave from 1 February to 31 May 2015.The vacancy created by the retirement of Justice Thembile Skweyiya has not yet been filled.

Justices Zukisa Tshiqi, Justice Leona Theron of the Supreme Court of Appeal, as well as Judge-President Mahube Betty Molemela of the Free State High Court have been appointed as Acting Justices of the Constitutional Court until 31 May 2015.

The current bench, until 31 May 2015 is made up of Chief Justice Mogoeng, Deputy Chief Justice Moseneke, Justices Cameron, Froneman, Jafta, Khampepe and Nkabinde, as well as the three Acting Justices.

JSC Advertises Judicial Vacancy on the Constitutional Court

The Judicial Service Commission has invited nominations to fill the vacancy of a Judge on Constitutional Court following the retirement of Justice Skweyiya in May 2014.

Nominations to fill the post must be submitted by 24 April 2015.

For more details see the advertisement here.

Law Clerks 2016 – Call for Applications

The Constitutional Court has published an advertisement seeking applications from persons who would like to be appointed as a law clerk at the Court for 2016.  Each Justice of the Constitutional Court is assisted by two law clerks whose primary function is to carry out legal research for their respective Justice. The Constitutional Court invites applications from suitable candidates seeking appointment as law clerks for 2016.

For more information on what it’s like to work as a clerk this Mail & Guardian story provides a few first hand accounts.

For more details on the applications please click here.

Practice Direction: Dies non – December 2014 to January 2015

The Chief Justice has issued a directive under Rule 32(2) indicating that the period between 16 December 2014 and 2 January 2015 will not be counted in the period permitted in the Constitutional Court Rules for lodging applications, responding affidavits and filing other documents and process. The directive does not apply to dates within the period that have been provided in specific directions.

Read the full directive here.

Acting Justices

Two acting justices are currently, or will soon be serving on the Constitutional Court, in view of the vacancies occassionaed by the retirement of Justice Skweyiya, and Justice Jafta’s leave.

Acting Justice Monica Leeuw, the Judge President of the North West Division has been appointed to serve from 1 August 2014 until 31 December 2014 in the place of Justice Skweyiya.

Acting Justice Zukisa Tshiqi, currently a serving on the Supreme Court of Appeal will serve from 1 November 2014 to 31 March 2014 in the place of Justice Jafta.

Composition of the Court for the First Term


Chief Justice Mogoeng Mogoeng is on leave for the first term of 2014. Deputy Chief Justice Moseneke is Acting Chief Justice for this period, and Justice Skweyiya is Acting Deputy Chief Justice.

Justice Bess Nkabinde is on leave for the first two terms of 2014.  Justice Steven Majiedt of the Supreme Court of Appeal and Justice Nambitha Dambuza of the Eastern Cape Division of the High Court have been appointed as Acting Justices.

Justices on leave and Acting Justices

During the fourth term Chief Justice Mogoeng and Justice Khampepe are on long leave. Acting Justices Nonkosi Mhlanta (for her third consecutive term as an acting justice) and Nambitha Dambuza (a judge of the Eastern Cape Division) have been appointed. Deputy Chief Justice Moseneke has been appointed as Acting Chief Justice, and Justice Skweyiya as Acting Deputy Chief Justice

Justice Johann van der Westhuizen is on a medical leave of absence for part of the term.