David Unterhalter’s third interview with the Judicial Service Commission (JSC) for consideration for a seat on the constitutional court was perhaps never going to be a walk in the park, given how his earlier outings went.
On Tuesday, he was again left off the list of candidates who will be recommended to President Cyril Ramaphosa for appointment after commissioners Mvuzo Notyesi and Julius Malema faulted him for failing to recuse himself on a constitutional court matter.
The late night decision, after lengthy deliberations, means the president will only be able to fill one of the two vacancies on the apex court. To fill both, all five candidates interviewed would have had to be recommended.