Capacity: Advocate
Gender: Male
Ethnicity: Coloured
Date of Birth: April 1961
Qualifications: B.Juris (1982), LLB(1996)(UWC)
Key Judgments and Appearances:
- Van Rooyen and Another v Minister of Police and Others (1314/2017) [2018] ZANCHC 74; 2019 (1) SACR 349 (NCK) (26 October 2018)
- 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 August 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 completing his B. Juris, he began his legal career as a Criminal Procedure Trainer at the SAPS Training College before serving as a Public Prosecutor for the Department of Justice in both Namibia and South Africa. He spent about six years in prosecution before being appointed District Court Magistrate in Bellville in 1992 and, later, Regional Court Magistrate in Mitchells Plain in 1998. He served as a magistrate until July 2001, when he commenced practice as an advocate at the Cape Bar.
O’Brien’s judicial experience continued after his transition to the Bar. He has served eight additional terms as an Acting Judge, including three terms in the Northern Cape, one in the Free State and two in the Western Cape, with his broader judicial experience spanning more than four decades. His experience as a prosecutor, magistrate and Acting Judge has contributed significantly to his practice as an advocate, particularly in criminal, labour, personal injury and delict law, as well as to his extensive trial and judgment-writing experience. He was appointed Senior Counsel in 2021 and received Letters Patent in February 2024.
As an advocate, O’Brien 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. Although that approach contradicts Banger and KM, the Kimberley High Court had jurisdiction to entertain the new bail application pending the SCA’s decision.
Adv O’Brien regards some of his most significant contributions to the legal profession as extending beyond individual case outcomes. While serving as a magistrate, he responded to a request from the then Minister of Justice, Dullah Omar, for magistrates to help reduce the backlog of arrear maintenance cases. Working with fellow magistrates, including on Saturdays, he contributed to efforts that significantly reduced the backlog.
He has also contributed to legal education and professional development, including adjudicating practical moot courts at the University of the Western Cape. He is a member of the Judicial Officers Association of South Africa, Advocates for Transformation and the Cape Bar.
Beyond the courtroom, O’Brien has contributed to institutional and community governance. He has served as Chairperson of a Board of Preliminary Enquiry of the Anglican Church of Southern Africa, investigating complaints concerning alleged contraventions of the Canons of the Anglican Church.
Adv O’Brien’s career spans more than 40 years and encompasses prosecution, magistracy, advocacy and judicial service, giving him extensive practical and judicial experience across a broad range of legal fields. His career reflects a sustained commitment not only to the practice of law and the administration of justice, but also to mentorship, legal education and service to the wider community.
October 2026 JSC Interview
Following its deliberations, the JSC did not recommend Advocate O’Brien SC for appointment to the Western Cape High Court.
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.