The judicial system may soon see a significant reduction in the backlog of complaints lodged against judges, thanks to a newly introduced bill in Parliament.
The Judicial Matters Amendment Bill aims to expedite the handling of these complaints, responding to long-standing concerns about delays in the system.
This week, the Department of Justice and Constitutional Development presented to the Justice Portfolio Committee on the bill, which seeks to amend several pieces of legislation related to the judiciary.
One notable proposal includes an increase in the members of the six-member Judicial Conduct Committee (JCC), which is tasked with assessing complaints against judges.
The bill suggests expanding the number of judges on the committee from four to eight, along with provisions allowing the chairperson to appoint up to three temporary judges specifically to address the backlog of cases.
Deputy Director-General Kalay Pillay explained that the proposed amendments are designed to enhance the efficiency of the justice system.
“Much of the amendments are non-contentious in nature,” Pillay said.
However, MPs were not convinced that increasing the number of judges on the JCC alone would resolve the issues within the Judicial Service Commission (JSC).
DA MP Glynnis Breytenbach pointed out the dire staffing shortages in the JSC’s secretariat, which contribute to the slow pace of handling complaints.
“Unless we do a more comprehensive approach to legislation, we are not addressing the pressing issues that cause systemic delays. The proposed amendment does not deal with all the issues besetting the JSC,” she said.
Echoing similar concerns, ACDP Chief Whip Steven Swart emphasised the urgency of addressing misconduct cases and the prolonged timeframes involved in resolving them.
Swart called for a thorough examination of the staff shortages within the secretariat.
ANC MP Oscar Mathafa highlighted findings from the lobby group Freedom Under Law, which indicated that the current systems within the JSC are ineffective and require a complete overhaul of the JSC Act.
“Does this piecemeal approach remedy all the areas of this broken system, like strengthening the secretariat and providing clearer guidelines for the appointment, promotion, and transfer of judicial officers? asked Mathafa.
EFF MP Rebecca Mohlala echoed same sentiments on overhauling JSC Act, underscoring the critical need for dedicated staff to process complaints efficiently, pointing out the absence of mandatory timelines for resolving cases.
“The reason we have backlogs and cases taking long is reliance on active judges,” Mohlala said.
Chairperson of the portfolio committee, Xola Nqola, recognised that capacity issues have historically hindered the JSC’s function.
“It is a given fact in both the Magistrates Commission and the JSC that misconduct matters take longer than expected. An additional capacity is dearly needed in both the commissioners and the secretariat,” Nqola said.
He recalled the time it took to address the matters of former judges John Hlophe and Nkola Motata, who had their own legal issues.
In response, Pillay said there was room for improvement but maintained that the Judicial Matters Amendment Bill serves a specified purpose.
“It must be non-contentious, non-technical, and must bring much change and efficiency in the criminal and civil justice system. We rely on stakeholders to give inputs on what they require to be changed quickly and not require much consultation with the public because it does not affect the public in a sense, but must not have financial implicated and become a protracted process,” she said.
Pillay explained that Chief Justice Mandisa Maya wrote to the ministry to identify the need to increase the number of judges and also to provide for temporary members to deal with certain backlogs.
“It was limited request, and dealt with issues of judges and did not deal with the secretariat. We don’t disagree with point that having permanent secretariat may work better.
“It requires much more deliberation. It is not in a nature of an amendment that will go to the Judicial Matters Amendment Bill. It is limited in nature and deal with specific issues to increase the number of judges,” she added.
Justice and Constitutional Development Minister Mmamoloko Kubayi has assured that the department will assess the feedback from the committee and explore the best path forward.
