“It is humbling – and, as always, a little intimidating – again to be entrusted with this responsibility.”
On the bench: demands, depth, and perspective
The pace and demands of judicial work are known to be intense, something that Prof Brand finds both absorbing and stimulating. “I have always enjoyed the intensity of the work on the bench, and the complete focus it requires for the time that one is there – the pace of work.”
He describes his experience at the FSCHR, where he works at the intersection of academia and practice, as essential preparation for life on the bench. “I am lucky to be both an academic and a part-time practitioner, and to fulfil both these roles in my work at the FSCHR. I hope that this has prepared me for judicial work.”
While academics and judges may seem to operate in separate spheres, Prof Brand believes their daily responsibilities often mirror each other. At their core, both roles demand knowledge of the law, intellectual discipline, and commitment. “There is far more similarity than difference between the work of an academic in law and a judge … Both require knowledge and understanding of the law. Both entail listening, reading, thinking and writing.”
At the same time, he notes that academics stepping onto the bench must adapt to a broader legal scope and unfamiliar procedural demands.
His experiences in court have been anything but predictable. From criminal appeals to contract disputes, he says every assignment presents its own intellectual challenge and human complexity. “In all these contexts one is exposed to a ‘slice of life’ and must try to do justice to the range of interests and considerations – most often in conflict with one another – that are involved.”
Judicial service and the value of academic contribution
Acting appointments such as his respond, in part, to the ongoing strain on the country’s judicial system. With courts facing backlogs and capacity challenges, legal academics sometimes step in to serve. “Given the extent to which our high courts are overloaded and understaffed, there is generally a great need for skilled and qualified people to take up acting positions.”
He’s careful not to overstate what academics can offer, but believes they can add valuable perspective. “At most… we bring another perspective to the work that someone coming through practice might not have.”
He adds that the appointment holds symbolic value for the UFS, but what truly matters is the work that follows. “The appointment is but the first step – now one has to go and do the work and do the centre and faculty proud, otherwise it means little.”
Prof Brand’s contribution reflects not only his personal commitment but also the UFS’s broader pursuit of social justice and maximum societal impact – a vision that emphasises ethical leadership, academic rigour, and responsiveness to local and national needs.