Becoming a judge in South Africa is a highly prestigious and significant role in the legal system. It’s not a journey you complete overnight—it requires years of study, extensive experience, and the right mix of qualifications. In this guide, we’ll walk through the eight essential steps to reach the bench, from earning your LLB degree and gaining practical legal experience as an advocate, attorney, or magistrate, to applying to the Judicial Service Commission (JSC) and the ultimate appointment by the President of South Africa.
We’ll also talk about the crucial (but unofficial) step of serving as an acting judge, which, while not legally required, has become a vital part of the process. Along the way, we’ll compare the journey of becoming a judge to that of becoming a magistrate, which has its own distinct path but is often a stepping stone to a higher judicial role. By the end, you’ll understand each phase of the process and know what it takes to reach one of the most respected positions in South Africa’s legal system.
Contents
- 8 Steps of Becoming a Judge in South Africa
- Step 1: Get Your LLB Degree
- Step 2: Become an Advocate, Attorney, or Magistrate
- Step 3: Build Your Legal Experience
- Step 4: Act as an Acting Judge (Highly Recommended)
- Step 5: Apply to the Judicial Service Commission (JSC)
- Step 6: Get Nominated by the JSC
- Step 7: Appointment by the President
- Bonus Step: Becoming a Magistrate
- Step 8: Stay Ethical
8 Steps of Becoming a Judge in South Africa
Below, we explain the main 8 steps of becoming a judge in South Africa:
Step 1: Get Your LLB Degree
The journey starts with an LLB degree. You need to enrol at a recognised university—UCT, Stellenbosch, or Wits, for example—and complete your law degree, which typically takes about four years. This is your ticket into the legal profession. During your studies, you’ll cover everything from constitutional law to criminal law, and these are crucial for your career down the line. Without this degree, there’s no way to move forward in the legal system.
Step 2: Become an Advocate, Attorney, or Magistrate
Once you’ve got your degree in hand, it’s time to get real-world legal experience. This can happen in one of three ways:
- As an Advocate: If you choose this path, you’ll have to complete pupillage, which is basically a one-year training programme where you shadow a senior advocate. It’s unpaid, but absolutely necessary to get into the world of advocacy. After this, you’ll need to pass the Bar exam.
- As an Attorney: If being an attorney is more your style, you’ll need to do articles of clerkship—this is about two years of practical training at a law firm (or one year if you complete a legal practice course). You’ll then need to pass the board exams to be admitted as an attorney.
- As a Magistrate: Becoming a magistrate is another path. Here, you’d be dealing with less complex cases in the Magistrate’s Court. Magistrates are appointed by the Minister of Justice after a recommendation from the Magistrates Commission (MC). This experience is invaluable if you’re thinking of later becoming a judge.
Step 3: Build Your Legal Experience
To be taken seriously as a judicial candidate, you’ll need 10 to 15 years of legal experience under your belt. Whether you’re an advocate, attorney, or magistrate, the point here is to build a solid reputation for yourself. Experience in the High Court, Supreme Court of Appeal, or even the Constitutional Court is especially valuable. It’s all about proving that you have the knowledge, ethics, and legal skills to handle the responsibilities of a judge.
Step 4: Act as an Acting Judge (Highly Recommended)
Now, here’s where it gets interesting. While section 174 of the Constitution doesn’t require you to have served as an acting judge before becoming a permanent one, the reality is that most candidates do. Acting as a judge gives you hands-on experience and is a great way for the Judicial Service Commission (JSC) to assess your abilities.
- Acting judgeships are typically offered to senior advocates, attorneys, or magistrates by the Judge President or senior judges in your region. Think of it as a ‘tap on the shoulder’ where you’re asked to fill in for a short period.
This acting experience is particularly important because, as already explained in Step 3, building that courtroom experience and legal reputation plays a huge role in getting noticed for a permanent judgeship.
Step 5: Apply to the Judicial Service Commission (JSC)
Once a permanent judgeship opens up, you need to apply to the JSC. This is the body responsible for reviewing applications and deciding who gets the nod.
Here’s how it works:
- Submit Your Application: When a vacancy is advertised, you’ll need to submit your application. This will include your qualifications and a summary of your legal experience.
- Get Shortlisted: If your application ticks the right boxes, you’ll be shortlisted for a public interview.
- Go Through the Interview: The JSC interview process can be tough. There are no set criteria for the questions, so they can range from your personal ethics to legal precedents. As already mentioned in Step 4, acting as a judge can be a huge advantage here because it shows you have the practical experience needed for the job.
Step 6: Get Nominated by the JSC
Once you’ve survived the interview, the next hurdle is getting the support of at least 13 out of 23 members of the JSC. If you get those votes, you’re one step closer to becoming a judge.
For Constitutional Court appointments, the JSC prepares a list of nominees with three more names than the number of vacancies. The President will then choose from that list. For other courts, the President appoints judges based on the JSC’s recommendations.
Step 7: Appointment by the President
At this stage, your nomination goes to the President of South Africa, who makes the final decision. In the case of Constitutional Court judges, the President has the discretion to select from the list provided by the JSC. For other courts, the President appoints judges purely based on the JSC’s advice.
Bonus Step: Becoming a Magistrate
If you’ve followed the magistrate route, here’s a quick comparison: Magistrates are appointed by the Minister of Justice on the advice of the Magistrates Commission. The process is a bit simpler, but it still requires plenty of experience in court. Many magistrates later become judges after building up a solid reputation handling cases in the Magistrate’s Court.
Step 8: Stay Ethical
This isn’t exactly a “step” but more of an ongoing responsibility. Throughout your legal career, it’s crucial to maintain a reputation as a fit and proper person, which is required under section 174 of the Constitution. This means staying out of ethical trouble and conducting yourself professionally at all times.