- The new guidelines for appointing acting judges will come into effect on 1 July 2026.
- Candidates will usually need at least 12 years of legal experience.
- Transparency, transformation and merit are now key factors in appointments.
South Africa is set to introduce uniform national criteria for appointing acting judges from 1 July 2026, marking a significant shift in how temporary judicial appointments are made across the country’s superior courts.
The new guidelines, issued by Justice and Constitutional Development Minister Mmamoloko Kubayi, create a formal framework for appointing acting judges in the High Court, specialist courts and the Supreme Court of Appeal.
Kubayi said the guidelines were developed after calls from the judiciary, legal profession and the public for greater transparency and consistency in acting judicial appointments. She added that the new rules will be implemented gradually from 1 July 2026, taking into account the resources needed to put them in place.
Uniform criteria introduced
A key part of the new framework is the introduction of standardised criteria that must be used when considering candidates for acting judicial appointments.
The guidelines require decision-makers to look at a candidate’s legal expertise, experience, integrity, diligence and professional standing. They also ask whether candidates have contributed to mentorship and transformation within the legal profession.
The document says its purpose is to create "clear, uniform and transparent criteria and procedures for appointing acting judges."
The guidelines also aim to promote judicial independence, improve court effectiveness and strengthen public confidence in the justice system.
Minimum experience requirements
Under the new framework, candidates who want to be acting judges in the High Court and specialist courts will usually need at least 12 years of continuous or cumulative experience as an advocate, attorney, magistrate or law lecturer.
Candidates must also be properly qualified in law and in good standing with the Legal Practice Council or another recognised professional body. Decision-makers must consider whether a candidate has the expertise needed to serve effectively in the relevant court.
Transformation placed at the centre
Transformation is a key part of the new appointment process. The guidelines say the judiciary should broadly reflect South Africa’s racial and gender makeup. They also value candidates’ contributions to developing junior legal practitioners.
One of the factors listed is "the extent to which the candidate has actively mentored junior legal practitioners or candidate legal practitioners, especially women and those from previously disadvantaged backgrounds."
New appointment process
Heads of courts will be responsible for identifying and recommending suitable candidates for acting appointments.
For first-time candidates, recommendations must be accompanied by a motivation letter, a CV and proof of good standing with a recognised legal body.
The guidelines also allow Heads of Court to consult legal professional bodies, magistrates and senior judges when identifying potential candidates.
Appointments to the Supreme Court of Appeal will usually be drawn from permanent judges serving in the High Court and specialist courts.
Limits on acting appointments
The new framework also places limits on how long-acting appointments can last. Acting judges in the High Court may generally serve for no more than four consecutive court terms, unless there are special reasons for a longer appointment. The guidelines must be reviewed at least every three years to see if changes are needed.
Introducing these uniform national criteria is the first comprehensive framework for appointing acting judges and is expected to bring more consistency and transparency to a process that has long attracted public interest.
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