The Judicial Service Commission (JSC) has recommended five candidates to fill vacancies within the Western Cape Division of the High Court. This decision follows a week-long sitting dedicated to filling judicial vacancies across various divisions.
The Selection Process
The commission interviewed a total of 11 candidates during sessions held on Thursday and Friday. The process involved rigorous questioning on professional backgrounds, function experience, educational qualifications, and previous judgments.
Following these deliberations, the JSC announced its resolution to advise the president to appoint five specific individuals to the vacancies.
Profiles of the Recommended Candidates
Rodgers (Roy) Barendse
Barendse is an executive consultant and director at Cliffe Dekker Hofmeyr with a legal career exceeding 36 years. His experience includes serving as an acting judge in the Western Cape Division in 2024 and 2025, with expertise in civil litigation, commercial litigation, and private practice.
Diane Davis
An advocate at the Cape Bar, Davis holds a BA and an LLB (Magna Cum Laude). She has presided over complex civil and commercial matters while acting at the Western Cape High Court and emphasized the importance of mediation and cost-efficiency for clients.
Justice Minister Mmamoloko Kubayi commended Davis for her commitment to mentoring black junior advocates in the commercial field, describing such support as vital for transformation.
Ncumisa Mayosi
Mayosi, an advocate at the Cape Bar, specializes in constitutional and administrative law. Since March 2015, she has served as an acting judge of the Western Cape High Court for several terms, totaling approximately 75 weeks on the bench.
During her interview, Mayosi highlighted the “double whammy” and microaggressions faced by African women in the profession, noting that the belief that transformation and merit cannot coexist remains a significant challenge.
Pinda Njokweni
Njokweni is an advocate of the Johannesburg Society of Advocates and has held chambers at the Island Group of Advocates since 2024. With nearly 30 years in the legal profession, his expertise includes land restitution, mineral rights, and high-value commercial disputes.
Phillipa van Zyl
A practising advocate of the Cape Bar, van Zyl began her career as a University of Cape Town tutor before working as a legal administration officer for the Western Cape provincial government in 1997. She has more than 20 years of experience in the legal profession.
Future Implications
The JSC’s recommendations now move to the executive level. A possible next step is for the president to act on this advice and formally appoint the five candidates to the Western Cape Division of the High Court.
These appointments could bring a diverse range of expertise to the court, spanning from high-stakes commercial litigation to constitutional law and land restitution.
Frequently Asked Questions
Who are the five candidates recommended by the JSC?
The recommended candidates are Rodgers (Roy) Barendse, Diane Davis, Ncumisa Mayosi, Pinda Njokweni, and Phillipa van Zyl.
What criteria were used to evaluate the candidates?
Candidates were questioned on their previous judgments, work experience, educational qualifications, and professional backgrounds.
What specific challenges did Ncumisa Mayosi raise during her interview?
Mayosi spoke about the invisibility and lack of voice experienced by black women in the judiciary, the prevalence of microaggressions, and the persistent belief that merit and transformation cannot exist in the same place.
How do you suppose the balance between seniority and transformation should be managed in judicial appointments?
