David Unterhalter finally recommended as JSC approves 3 judges for Supreme Court of Appeal

Judge David Unterhalter has finally been promoted to the Supreme Court of Appeal (SCA), on his fifth attempt.

The Judicial Service Commission (JSC) had rejected him four times before for nomination to the the SCA and the Constitutional Court.

Unterhalter is often said to widely regarded as one of the finest legal minds in South Africa.

At the time of the last interview, in October last year, Freedom Under Law said Unterhalter was unfairly disqualified on the basis of unsubstantiated claims of racism and arrogance.

The Commission on Monday interviewed ten judges for three SCA vacancies.

Along with Unterhalter, they recommended Judge Raylene Keightley (Gauteng) and Judge John Smith (Eastern Cape).

The JSC was spoilt for choice this time.round, says Mbekezeli Benjamin, research and advocacy officer at Judges Matter.

In conversation with John Maytham, Benjamin says it's likely that Judge Unterhalter apologising for a previous 'mistake' during this latest interview swung opinion in his favour.

After earlier refusals to admit that he'd erred on a recusal matter, Unterhalter was able to 'give the JSC what it wanted'.

"This time around he was quite gracious by saying 'I did make a mistake, on further reflection I should probably have answered that quite differently'... and that was the smoothest interview I've seen of the five that he's done."

Mbekezeli Benjamin, Research and Advocacy Officer - Judges Matter

Maytham remarks that he's seen some unhappiness reflected on social media about the demographics of the SCA.

This is an alarming trend Benjamin says, because it ignores the reality of the Court's composition.

"Currently the SCA has 22 judges, and of those judges only four are white. From the candidates that were nominated yesterday, two of them are white and one of them is coloured..."

"... so if you're focusing on demographics you could say that the SCA is more black and has more women than probably any other court in this country."

Mbekezeli Benjamin, Research and Advocacy Officer - Judges Matter