The Judicial Services Commission (JSC) has shortlisted four candidates for the Constitutional Court.
The four candidates are an advocate, Alan Dodson, and three judges – Fayeeza Kathree-Setiloane, Owen Rogers, and Mahube Molemela.
The only other person interviewed was well-known advocate, David Unterhalter, but he was not shortlisted.
Although there are two vacancies on the highest court in the land President Cyril Ramaphosa will only be able to make one appointment. When making judicial appointments the Constitution requires that three names more than the number of vacancies be presented to the President. The JSC will thus likely have to hold another series of interviews to fill the other seat on the Constitutional Court.
Dodson caused some consternation during the interview process when he was asked how his being a white male and being appointed to the Constitutional Court would advance transformation. On a question on demographics posed to Dodson by EFF leader Julius Malema, Dodson answered: ‘I am an African.’
According to TimesLive, Dodson went on to say: ‘I come from a background from my earliest times as a lawyer of fighting racial discrimination, gender discrimination and abomination. The work I do in the ConCourt, were I appointed, would reflect that and would contribute to addressing racial and gender discrimination where they continue to exist. In terms of the numerical answer, I don’t think transformation is only about numbers. Of course it has nothing to do with the fact that I am white and male. I explained my position at the previous interview. I don’t want to cover that ground again.’