Speaker, there is a crisis in the judiciary due to a critical shortage of judges which leads to alarming backlogs and delays. In Gauteng High Courts, more than 120,000 case numbers are issued every year to be dealt with by 80 or less judges, and this excludes the backlogs that also run into thousands of matters that await trial dates or judgements—trial dates, some as far ahead as 2031.
As other speakers have said, “justice delayed is justice denied.” And this the ACDP finds totally unacceptable.
Section 34 guarantees the right of access to the courts. Where this is denied, it contributes to lawlessness as people may feel they can breach agreements, incur debts, or engage in unlawful activities without fear of immediate consequences.
The Moseneke Report recommends a minimum increase of 20% in judicial posts across all high court divisions to address this crisis. It also recommends relooking at the court recess system, as well as the process for appointing acting judges. This the ACDP supports.
Let’s make it very clear: Section 165(4) obliges organs of state, which includes Parliament and the Executive, to assist and protect the courts, to ensure their independence, dignity, accessibility and effectiveness. By not ensuring that there are sufficient judges and courts and sufficient funds appropriated, we as Parliament are in breach of our constitutional duties.
This cannot be allowed to continue. The buck stops with us. Let us ensure that sufficient funds are allocated to the judiciary to ensure their independence.
I thank you.
