In August 2012, Rogers was one of eight candidates shortlisted for five new vacancies in the
Western Cape High Court. On that occasion, the Judicial Service Commission recommended his appointment, and President
Jacob Zuma appointed him to the bench with effect from 15 February 2013. Over the next nine years, prominent judgements by Rogers included a 2016 judgement, acceding to an application by the
Democratic Alliance, which overturned the
SABC disciplinary hearing that had cleared
Hlaudi Motsoeneng of misconduct; and a 2020 judgement on the sale of South Africa's
strategic oil reserves to various international oil companies. His remedial order in the latter matter was upheld on appeal by the
Supreme Court of Appeal. Rogers acted as a judge in the
Competition Appeal Court between 2015 and 2016, a case in which the
Electoral Commission unsuccessfully applied for special dispensation to postpone the constitutionally mandated elections because of the
COVID-19 pandemic. He also wrote the Constitutional Court's unanimous judgement in
Shiva Uranium v Tayob, as well as in
Barnard Labuschagne v South African Revenue Service,
Municipal Employees Pension Fund v Mongwaketse,
NVM v Tembisa Hospital, and
Minister of Police v Fidelity Security Services (co-written with
Steven Majiedt). During the same period, Rogers was shortlisted twice, but not recommended, for permanent promotion to the
Supreme Court of Appeal of South Africa. In April 2019, his interview was diverted by Supreme Court President
Mandisa Maya, who reported that appeals judges had complained about Rogers's temperament. One of the complaints, lodged against Rogers and nine other Western Cape judges, took issue with the judges' avowed refusal to share a panel with fellow judge Mustak Parker, which the judges said was a form of protest against Parker's conduct in a series of scandals involving Hlophe and his deputy,
Patricia Goliath. Rogers was ultimately cleared of both complaints. == Constitutional Court: 2022–present ==