Capacity: Judge
First appointed as a judge: January 2022 (Western Cape High Court)
Gender: Male
Ethnicity: African
Date of Birth: September 1970
Qualifications: BProc (1992) LLB (2008) (University of Limpopo), LLM (2004) LLM (2016) (University of Pretoria), LLD (2012) LLM (2022) LLM (In Progress) (University of the Western Cape)
Key Judgments
- Cape Gate (Pty) Limited v Competition Tribunal and Others (276/CAC/Oct25) [2026] ZACAC 3 (1 June 2026)
- RS v JS 2024 (6) SA 609 (WCC)
- Steyn v Registrar of Medical Schemes 2021 (3) SA 551 (WCC)
- African Transformation Movement v Speaker of the National Assembly (17989/2020) [2021]ZAWCHC 113 (26 March 2021)
Candidate Biography | Updated August 2026:
Judge James Lekhuleni is a judge of the Western Cape High Court, Cape Town
Lekhuleni may be one of the most qualified judges on the South African bench. He holds a doctorate, three master’s degrees in law, and is finishing a fourth master’s in competition law, just as he seeks a permanent seat on the Competition Appeal Court.
Born in Graskop, Mpumalanga, in 1970, Lekhuleni took his BProc and LLB at the University of the North (now the University of Limpopo). He began his career as a candidate attorney in 1992, worked as a legal advisor and a public prosecutor, and from 1999 ran his own firm, James Lekhuleni Attorneys, largely handling legal-aid work for clients who could not afford an attorney. He also served as a Reserve Force military judge in 2003 and 2004.
He joined the bench as an additional magistrate in 2004 and became a regional magistrate, later acting as Regional Court President of the Western Cape. In January 2022 he was appointed to the Western Cape High Court. For all of 2026, he has acted as a Judge of Appeal in the Competition Appeal Court, the court he now hopes to join permanently.
Alongside his judicial climb, Lekhuleni is a prolific scholar. His LLD (University of the Western Cape) examined the causes of action for dismissal in South African labour law; while his master’s degrees span family law, labour law and transnational justice, the last analysing the complementarity principle of the Rome Statute. He has also written seven articles for De Rebus and several for judicial newsletters.
Lekhuleni’s “analytical mind” and his ability to bring rare insights to complex legal problems has been complemented by nominators. One such insight was visible in the RS v JS case, where Lekhuleni had to decide if a man had a legal duty to support a child he had informally (de facto) adopted during a marriage that later ended. He ruled that even without formal adoption papers, the man’s conduct and his bond with the child created a binding legal obligation to continue support. He noted that the law should not be blind to promises made to a child who has come to view someone as their parent
In Steyn v Registrar of Medical Schemes, he set aside a medical scheme’s cancellation of a member’s cover for non-disclosure, finding the undisclosed condition immaterial, a decision the Constitutional Court later confirmed unanimously.
Despite his judicial prowess, In African Transformation Movement v Speaker of the National Assembly, Lekhuleni missed the mark where he held the Speaker’s refusal to allow a secret ballot in a motion of no confidence was lawful and constitutional. The Supreme Court of Appeal later overturned that ruling.
With a competition-law master’s almost in hand and a full year already spent acting in the Competition Appeal Court, Lekhuleni arrives with a sufficient foundation, however, with comparatively fewer competition judgments in his arsenal.
However, the judgments he has delivered have been noteworthy; for instance, in Cape Gate (Pty) Limited v Competition Tribunal and Others, Lekhuleni, writing for the majority, asserted that the principle of “justice delayed is justice denied” is paramount. He rejected a narrow reading of the Competition Act, ruling that the obligation to act expeditiously is a constitutional duty under section 237 that encompasses the entire adjudicative process, including delivering a final decision. Lekhuleni found that the “extraordinary” six-year delay fatally compromised the integrity of the process, as it eroded the adjudicators’ ability to accurately recall complex evidence and witness demeanour
He was particularly critical of the Tribunal “outsourcing” its adjudicative responsibilities to a non-panel member to draft reasons and research law, ultimately concluding that such a “contaminated” process rendered the decision unlawful, irrational, and unreasonable, necessitating that it be set aside and remitted for a fresh hearing.
Outside of the courtroom, Lekhuleni was a member of SAC-IAWJ (2007 – 2022) and recently (2025) became a member of the International Association of Refugee and Migration Judges. He also has a keen interest in mentorship and has participated in the Brigitte Mabandla Aspirant Judges’ Program, presided over mock Motion Court for pupils, and has presided over various University moot competitions.
Lekhuleni has a reputation as a humble and patient jurist. However, the JSC may probe how his extensive experience in the lower courts has prepared him for the high-stakes world of competition law. The further question is whether his ongoing academic studies in competition law will be seen as proof of his dedication to this specialist field?
October 2021 JSC Interview
October 2021 Interview synopsis
Interview of Dr James Dumisani Lekhuleni by the JSC, October 2021, for a position on the Western Cape High Court.
Lekhuleni’s string of qualifications dazzled the JSC and commissioners seemed to be jostling for a chance to ask him questions of personal academic interest. Judge President Hlophe asked him on his understanding of the Rule of Law, the response to which quickly turned into a constitutional law lecture. Professor Schlemmer asked Lekhuleni about his judicial philosophy, and again he quoted several sections of the constitution to say that his philosophy is based on the constitution.
Dr Lekhuleni’s interview was successful, and he was recommended for appointed to the Western Cape High Court.