[1] In April 2014, Chetty was one of nine candidates whom the Judicial Service Commission shortlisted and interviewed for possible permanent appointment to four vacant seats in the KwaZulu-Natal High Court.
Although his interview generally proceeded smoothly, he was confronted about his background as a human rights lawyer at the Legal Resources Centre: Fatima Chohan, who was a member of the commission and the Deputy Minister of Home Affairs, said that she would be "slightly discomfited" if a judge with Chetty's "activist background" was required to rule impartially in a dispute between indigent populations and the state.
"[4] After the interviews, Chetty was among the four candidates whom the Judicial Service Commission recommended for appointment, the others being Nkosinathi Chili, Peter Olsen, and Thoba Poyo-Dlwati.
[7] The trial took place during the COVID-19 pandemic, and in September 2021, Chetty controversially ordered that all attendees at hearings – whether defendants, lawyers, supporters, or journalists – had to display proof of COVID-19 vaccination or a negative COVID-19 test result.
[8] Following media coverage of this directive, the Office of the Chief Justice released a statement clarifying that Chetty had made the order on his own discretion based on the wide degree of public interest in the Mabuyakhulu hearings.