Chief Justice Raymond Zondo presenting the 6th Annual Judiciary Report at the Constitutional Court in Johannesburg on Friday, during an event to commemorate Judiciary Day.
In his final presentation before retiring, Chief Justice Raymond Zondo has announced that the country’s Superior Courts achieved 11 out of 13 performance targets in the 2022/23 financial year, reflecting an 85% success rate.
“Only two performance targets were not achieved: Percentage of finalised Constitutional Court matters (55%) and percentage of criminal backlog cases finalised (47%),” said Justice Zondo.
The Chief Justice made the remarks on Friday when he presented the 6th Annual Judiciary Report at the Constitutional Court in Johannesburg, during an event to commemorate Judiciary Day.
This was Zondo’s final occasion presenting the report before his retirement in August. His retirement follows the appointment of Deputy Chief Justice Mandisa Maya as the country’s first female Chief Justice by President Cyril Ramaphosa, effective from 1 September.
WATCH | Justice Maya: ‘I’ve dipped my feet in the water and I’m ready for Chief Justice role’
The Annual Judiciary Report, which offers an overview of the performance of all courts, showed that the Superior Courts met varying levels of success in their key performance indicators during the period under review.
The Constitutional Court, the country’s apex court, finalised 55% of its cases, missing its 70% target. Although this isn’t considered a failure, Justice Zondo noted that the court had previously performed better than 55% and said that an investigation into the decline is ongoing.
“This issue is being investigated to establish exactly why there was such a big drop. But 55% is, of course, not a failure. It is simply not as good a pass as one would have liked,” he said.
Calls to amend Constitution
Justice Zondo reiterated his call to amend the Constitution to alter the process by which the 11 justices of the Constitutional Court handle new applications. He proposed that, instead of convening as a full court, the justices should form panels of three.
This change, he believes, would allow the court to concentrate on its core functions and reduce the time spent on applications that lack merit.
“And we have proposed to the executive that experienced lawyers be employed, who would provide support to the justices of the Constitutional Court and, therefore, make their load lighter. We are going to wait to hear from the executive whether they go along with the constitutional amendment as well as giving us more resources,” he said.
Key Performance Indicators:
– The Supreme Court of Appeal exceeded its targets by finalising 85% of matters against an 80% target, and 91% of applications/petitions against the same target.
– The Labour Appeal Court also surpassed its goals, finalising 96% of matters (target 80%) and 100% of petitions (target 90%).
– High Court Divisions achieved 83% in finalised criminal matters (target 75%) and 85% in civil matters (target 64%), while reducing criminal case backlogs by 47% (target 30%).
– The Labour Court met its target with 58% finalised matters.
– Other notable achievements include the Land Claims Court at 72% (target 60%), Competition Appeal Court at 88% (target 85%) and Electoral Court at 100% (target 90%).
– Finally, 72% of reserved judgments in all Superior Courts were finalised, slightly surpassing the 70% target.
READ: Ray Hartle | Judiciary is not above criticism: Who judges the judges?
Justice Zondo also addressed the efficiency of the judicial conduct committee (JCC). He said that while some complaints are resolved quickly, others experience major delays.
He attributed these delays to the legislative limit of seven JCC members, many of whom are active judges with existing case loads.
The chief justice proposed to the minister of justice and correctional services, Thembi Nkadimeng, that the Judicial Service Commission (JSC) Act be amended to create a bigger pool from which a judge would be picked to deal with a complaint each time the JCC receives a new complaint.
Justice Zondo stated:
The proposal that I have made is that section 8 of the JSC Act be amended to provide for the appointment of additional members to the committee whose functions will be limited to dealing with complaints and appeals, and who will not be entitled to vote on any matters.
“Once the act has been amended, as many judges as 50 could be appointed as additional members of the JCC and they could be allocated the complaints and appeals.”
Judicial candidates and the JSC
The judiciary report also detailed the JSC’s work, including its recommendation of 25 out of 33 judicial candidates to Ramaphosa, which resulted in 24 new appointments.
Zondo stressed the importance of judges disclosing their registrable interests after announcing that 246 out of 248 judges met the required deadline.
He praised the SA Judicial Education Institute (SAJEI) for its role in providing judicial education, with 124 courses attended by 3 799 judicial officers during the period under review.
READ: John Hlophe taken to Concourt as Afriforum challenges his election to JSC
Justice Zondo further expressed gratitude for the support he received from judicial leaders and colleagues as he prepares to go on retirement next month.
He congratulated Justice Maya and extended his best wishes as she gets ready to take over from him.
“I think all of us know how historic this moment … I thought I should express my appreciation for the support that she has given me over the past two years, since her appointment as deputy chief justice,” he said.
Thapelo Lekabe
www.news24.com
