Judge Herbert Msimang was speaking in Cape Town on the final day of a two-week marathon of Judicial Service Commission (JSC) interviews to fill vacant judges' posts.
Msimang told one candidate, Pietermaritzburg senior counsel Rishi Seegobin, that in four years his division had lost about "11 to 13" senior judges.
As a result the most senior remaining judge had only 12 years experience, and 20 judges had experience of less than ten years.
"The movements of the judges in the division (have) been disturbing," Msimang said.
"Is it not frightening? Not long ago, the most senior judge (had) about 25 years experience."
Step down
Seegobin said in response that most of the judges who left had been due to step down from the bench, having served their 15 or 20 years in the position and being required to leave.
He also said that judges appointed after 1994 had been fairly young, while in the previous era judges who came to the bench had been "quite old", joining at the age of 55 or 60.
Msimang said he was grateful that Seegobin and other senior advocates were offering themselves as candidates.
"We have to improve the experience on the bench. It's so important," he said.
"We've got so many reserved judgments which are outstanding, and in my view one of the reasons therefore is because people are inexperienced, thrown into the deep end."
Lower rates
Commission member Krish Govender, who works in the State Attorney's office, put it to Seegobin that advocates appearing for the state should consider not charging their normal commercial rates.
They should bear in mind that they were being paid with taxpayer's money and that the state was not a profit-making organisation like a private company, he said.
"Yes, Mr Govender, I know that you keep telling me that," replied Seegobin with a smile.
"But that is a fact. When you embark upon work for and on behalf of the state, you should see that as service to the state.
"Of course you can earn far more on the same matter emanating from a private firm of... attorneys.
"But the fact that you are prepared to charge a slightly reduced fee and to do that matter to the best of your ability, in my view, serves to promote justice and to ensure that there is access to justice."
Appointments
Seegobin's was the last of two weeks of JSC interviews for 25 judges' posts in ten courts across the country.
The body's recommendations, which it does not make public, will go to President Jacob Zuma, who makes the actual appointments.
http://www.news24.com/SouthAfrica/News/KZN-judge-losses-disturbing-20101015-3