THERE were no surprises when the Judicial Service Commission (JSC) announced on Tuesday that it had recommended KwaZulu-Natal High Court Judge Kevin Swain, Gauteng High Court Judge Boissie Mbha and Western Cape High Court Judge Dumisani Zondi for appointment to the Supreme Court of Appeal (SCA).Judges Zondi, Mbha, Swain and Western Cape High Court Judge Nathan Erasmus were widely considered to be front runners.However, Judge Erasmus faced difficult questions from SCA president Lex Mpati.Commissioner Dumisa Ntsebeza SC quizzed almost all candidates on whether the commission needed to appoint another black judge since the appellate court bench had already been transformed considerably since its all-white days in 1994.Most judges agreed that it would not be "irrational" for the commission to continue to fill positions with black judges as long as they were "fit and proper" and were properly qualified — required by section 174 (1) of the constitution.The SCA has nine African judges, sev...
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