It might be "three strikes and you're out" for attorney Mpostoli Twala, one of the 40 candidates short-listed by the Judicial Service Commission for positions on the bench. There are 17 vacancies to fill in the Gauteng, Eastern Cape, Free State, Northern Cape and KwaZulu-Natal divisions of the High Court and the Labour Court.Interviews will start on October 5 in Cape Town.But concerns have been raised about the commission's screening processes because of candidates such as Twala.The attorney, 60, is applying for a post in the Gauteng division of the High Court.In his application he disclosed that, in the late 1980s, he was convicted of negligent driving and driving under the influence of alcohol. He declared that after the incident he stopped drinking alcohol.He also disclosed that he had been found guilty of "unprofessional or disgraceful conduct" by the Law Society of the Northern Provinces for failing to tell the Companies and Intellectual Property Registration Office of his resignation as a director. But it was the Law Society of the Northern Provinces, together with the Black Lawyers' Association, that nominated him for the position on the bench.Director of the Law Society of the Northern Provinces Thinus Grobler said that the society checks on the disciplinary action taken against lawyers before nominating them.He said that Twala was in good standing with the society.Last month the Supreme Court of Appeal overturned a decision taken by Twala while he was an acting judge.The case involved the striking from the roll of an attorney for a long list of allegations of misconduct, which included misappropriating funds and utilising funds for personal use.Critics claim Twala took a "more lenient approach".In his judgment, he said: "The respondent appeared in person and did not strike me as a delinquent person, but as someone who is prepared to learn and continue his professional career."The SCA overturned this decision and said Twala's observations were of "grave concern".Alison Tilley, of the Judges Matter Coalition, said the incidents involving Twala were not "isolated"."The question is, 'Is it a judicial disposition and do you want this person on the bench?'" asked Tilley.She said that candidates should have a clean record."Everything has to be in order. Your personal and professional life have to be above reproach," she said.JSC spokesmen Dumisa Ntsebeza and CP Fourie said the committee was guided by criteria such as that the candidate must be "appropriately qualified, fit and proper"."The committee considers the candidate's integrity, competence, experience, potential and symbolism."In addition to Twala's good standing with his law society, the committee considered that he had been in practice for more than 29 years and had acted in the Gauteng division of the High Court for 41 weeks...