The SCA highlights concern over the decision of the JSC to recommend a Mpumalanga advocate as a judge, citing temperament and undisclosed debts as some of the reasons.

The Judicial Service Commission (JSC) has been ordered by the Supreme Court of Appeal to reconsider the appointment of an advocate as a judge, as he “lacked the necessary judicial temperament” and did not disclose his debts during his interview.

The Mpumalanga Society of Advocates (the MSA) turned to the SCA after the Gauteng High Court, Johannesburg, dismissed its earlier application to set aside the JSC’s recommendation to the president that Johannes Hendrikus (Henk) Roelofse be appointed as a judge.

Although the JSC initially opposed the application, it later withdrew its opposition and filed a notice to abide by the court’s ruling.

Roelofse has served as an acting judge in Mpumalanga since 2018. When judicial vacancies were advertised for that division in 2019, he applied and was shortlisted for an interview. There were no adverse comments about him, but he was not recommended for appointment after the interview.