'Fresh thinking' sometimes necessary to keep law dynamic, Siwendu tells JSC

JOHANNESBURG - Gauteng High Court Judge Namhla Siwendu says "fresh thinking" is sometimes required when handling matters of the law. 

The Judicial Service Commission has been interviewing candidates for appointment to the Supreme Court of Appeal (SCA) on Monday.

On Monday, Siwendu, who currently sits in the High Court in Johannesburg, took the hot seat and was asked by SCA president, Mahube Molemela, about the need to appoint experienced jurists.

Molemela's question came against the backdrop of the SCA having recently lost justices with cumulative hundreds of years' worth of experience and Siwendu having been a judge for seven years.

She said, though, that law was dynamic and it’s not unheard of to appoint judges with just a few years' experience and "build a complement of skills".

"In most instances, the skill set that's left has stayed there 20 years and therefore the opportunity to refresh got stymied and limited. And I'm not going to dispute, absolutely, experience is important, experience is critical. But the renewal and fresh thought and fresh thinking is sometimes necessary to keep the law dynamic and responsive to social needs."

The interviews are still continuing and are expected to run into the night.

They were expected to wrap up on Monday afternoon but there are still a number of candidates who are yet to have their turn before the commission.