How to become a magistrate

Any citizen or permanent resident of South Africa who is appropriately qualified, who is fit and proper qualifies for appointment as a magistrate.

In this sense, “appropriately qualified” means a person who has legal training and experience of practising law. In terms of section 10 of the Magistrates Act, Magistrates are appointed by the Minister, after consultation with the Magistrates Commission.

In practice, the Magistrates Commission causes the Department of Justice to advertise the available vacancies.

Thereafter the Commission conducts interviews and recommends candidates for appointment by the Minister.

Arguably, the interviews are supposed to be open to members of the media and the public. The Minister is not obliged to appoint the persons recommended by the Magistrates Commission.