Suspension of two South African judges has opened up debates about bad working conditions and poor delivery of justice
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Thursday, August 31, 2023
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The decision to suspend the judges caught the attention of the media because both were involved in high profile murder cases.
Key Points:
- The decision to suspend the judges caught the attention of the media because both were involved in high profile murder cases.
- One reason judges need to do their jobs well is that confidence in the courts in South Africa is low and on the decline.
- This is illustrated by a longitudinal study conducted by the Human Sciences Research Council’s South African Social Attitudes Survey.
- Nevertheless, it’s important to acknowledge that South Africa’s judges work in less than optimal conditions.
Poor conditions
- She was forthright in describing the administrative and infrastructural challenges facing the judiciary.
- Justice Maya, who was eventually appointed deputy chief justice in February 2022, was not voicing new concerns.
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South Africans are fed up with their prospects, and their democracy, according to latest social attitudes survey
The challenges facing South African judges were highlighted by Judges Matter, part of the Democracy, Governance and Rights Unit at the University of Cape Town, which considers matters related to judicial independence. They included:
What needs to be done
- At the moment three different entities responsible for running different aspects of the judiciary don’t seem to be getting it right.
- Secondly, modernisation of the court system would go a long way in improving the working conditions of judges.
- As far back as 2007 there was an extensive review of the criminal justice system.
Looking forward
- In particular, the COVID-19 pandemic almost brought the country’s courts to a standstill due to a lack of technological support.
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South Africa since 1994: a mixed bag of presidents and patchy institution-buildingJudges work under difficult and stressful conditions.
- But much more is expected from the judiciary as one of the arms of state in a constitutional democracy.