Capacity: Advocate
Gender: Male
Ethnicity: Coloured
Date of Birth: April 1961
Qualifications: B.Juris (1982) LLB (1996) (UWC)
Key Judgments & Appearances:
- POPCRU and Others v. Department of Correctional Services [2010] 10 BLLR 1067 (LC)
- Natasha Liebenberg v The State (CA&R 47/2020) [2021] ZANCHC 58
- Wingfield Motors (Pty) LTD v National Consumer Tribunal and Another (2025/069955) [2025] ZAWCHC 295 (16 July 2025)
- Valhalla Fishing Enterprises (Pty) LTD v Bluefin Holdings (Pty) LTD and Minister of Forestry, Fisheries and the Environment (Appeal) (16586/2024) [2025] ZAWCHC 385 (26 August 2025)
Candidate Bio | Updated March 2026:
Advocate Stanley O’Brien is Senior Counsel at the Cape Bar.
Adv O’Brien holds a B. Juris and LLB from the University of the Western Cape. After receiving his B. Juris, O’Brien commenced his legal career as a State Prosecutor, spending six years in this role before serving as a District and Regional Magistrate in Bellville and Mitchells Plain, respectively. O’Brien’s time on the bench did not end in 2000. He has since served 8 additional terms as Acting Judge, sitting in the Northern Cape (3 terms), Free State (1 term), and the Western Cape (two terms).
Throughout his career, O’Brien’s time as a State Prosecutor, Magistrate, and Acting Judge has continued to contribute to his professional development as an advocate. His keen understanding and experience in criminal, labour, personal injury and delict law, coupled with his extensive trial work and judgment writing are the foundation of his success as an advocate, his 2021 appointment to Senior Counsel, and 2024 appointment to silk status.
As an advocate, O’Brien has appeared before the Labour Court in POPCRU and Others v. Department of Correctional Services [2010] 10 BLLR 1067(LC), where he successfully argued discrimination on the basis of religion and culture on behalf of male warders who refused the Department’s orders to cut their dreadlocks.
On the other side of the bench, as an Acting Judge, he has presided over several cases, including Natasha Liebenberg v The State, where he held that when the applicant’s appeal of her conviction and sentence succeeded in part and her sentence was reduced, she was entitled to apply for new bail to the SCA. Though that approach contradicts the cases of Banger and KM, the Kimberley High Court had jurisdiction to entertain the new application for bail pending the decision of the SCA.
Adv O’Brien describes his most significant accomplishments in his legal career as being beyond the outcome of a case, but rather the things he has done to help advance others and the court. This includes a request from the then Minister of Justice, Dullah Omar, requesting the help of him and his fellow magistrates at the time to reduce backlogs of arrear maintenance cases. His efforts, along with those of his colleagues working on Saturdays towards this goal, made a considerable impact on the backlog.
Adv O’Brien’s career extends for more than 40 years, bringing with him a wide variety of judicial and practical experience in vast corners of the law.
April 2026 JSC Interview
After deliberations, the Judicial Service Commission decided not to recommend Adv Stanley Christopher O’Brien SC for appointment to the Western Cape High Court.