In April 2003, President
Thabo Mbeki announced that, on the advice of the
Judicial Service Commission, he would appoint Plasket to the bench as a permanent judge of the Eastern Cape High Court. He took office on 1 June 2003. and
Tripartite Steering Committee v Minister of Basic Education, on the government's constitutional obligations arising from the
right to basic education.
Appellate matters During his service in the High Court, Plasket was seconded to the
Supreme Court of Appeal as an acting judge on multiple occasions. He wrote several reported judgements for the appellate court as an acting judge, He also sat as an acting judge in politically controversial matters, including
Democratic Alliance v President, on
Menzi Simelane's appointment to the
National Prosecuting Authority.
Judicial Service Commission interviews The Judicial Service Commission thrice shortlisted and interviewed Plasket as a candidate for possible elevation. On the first occasion, in April 2012, he was one of five candidates for two vacancies on the appellate court. Although he was considered a frontrunner, although the interview panel praised his "impressive CV", and although the
Mail & Guardian said that commissioners from opposition parties "appeared enamoured" of him, the Judicial Service Commission did not recommend him for appointment;
Xola Petse and
Ronnie Pillay were appointed instead, although the
Mail & Guardian reported that Plasket was popular among the sitting judges of appeal and that he would be "favoured when future vacancies occur". One year later, Plasket was interviewed for two new vacancies on the Supreme Court of Appeal. During that interview, which lasted two hours, he was subjected to "brutal" questioning about
affirmative action in the judiciary. Afterwards,
Nigel Willis and
Halima Saldulker were the commission's recommendations for elevation, and commentators were highly critical about the perceived difference in tone during the commission's interview of Willis, who, like Plasket, was a white man. In February 2019, the Judicial Service Commission announced that it had shortlisted Plasket for an appellate appointment for a third time, now as one of nine candidates for five vacancies. During the interview, held in April, he was again questioned about affirmative action, and also about the
Blue Moonlight judgement,
socioeconomic rights, and
land expropriation without compensation; Supreme Court of Appeal President
Mandisa Maya complimented him as "a fearless fighter for the disadvantaged" whose "long battle" to ensure social justice in the Eastern Cape had created the perception that he was "an anti-government judge". After the interviews, Plasket was one of the candidates whom the Judicial Service Commission recommended for elevation (alongside
Daniel Dlodlo,
Caroline Nicholls,
Fikile Mokgohloa, and
Thokozile Mbatha), == Supreme Court of Appeal: 2019–2022 ==