The Judicial Service Commission’s recommendation that Gauteng judge president Dunstan Mlambo be appointed deputy chief justice comes at a critical juncture for the Constitutional Court, writes Gugu Lourie in the Sunday Times.
Once celebrated as a pillar of post-apartheid justice, the apex court is at risk of becoming a symbol of institutional failure. Outdated systems and little transparency conspire to delay justice for the poor and needy.
The recent discussions between President Cyril Ramaphosa and US President Donald Trump, where Cosatu’s president Zingiswa Losi indirectly highlighted the country’s judicial inefficiencies, revealed a grim reality: our justice system moves at a snail’s pace.
Ordinary citizens have to wait between five and seven years for trial dates at the apex court.
It can be even worse when the matter involves Road Accident Fund claims, which can drag on for a decade.
Ideally, the office of the chief justice (OCJ) should exemplify efficiency. Notably, the OCJ has launched its court online system in superior courts to enable electronic filing, a crucial step towards improving access to justice while boosting efficiency and reducing paperwork. Now operational in most high courts, the civil system is expected to achieve full nationwide rollout by 2025/26.
SA Justice For Sale: Criminals Pay To Avoid Trial, Records
Hundreds of thousands of people charged with crimes are paying their way out of criminal records in deals brokered by prosecutors in court hallways, according to a report in the Sunday Times.
Out-of-court settlements in criminal cases have become commonplace in an attempt to clear court backlogs and save the state the cost of a trial. Some 150,000 cases were settled in a year in the South Gauteng region, an overview by Africa Criminal Justice Reform (ACJR) showed. But legal experts warn that the “perverse incentive” of money allows the rich to buy their way out of trial and conviction.
