Tardy judges late on hundreds of judgments
Some judgments have been outstanding for four years
The Office of the Chief Justice report shows there were nearly 280 late judgments as of April and May in courts across the country. Archive photo: Ashraf Hendricks
Nearly 280 judgments were late as of April or May this year, according to the latest reserved judgments reports by the Office of the Chief Justice. In total, 1,568 judgments were reserved across South African courts for the first two terms this year.
Judicial norms and standards state that, but for exceptional circumstances, a judgment should be delivered within three months. However, the Office of the Chief Justice (OCJ) uses a more lenient six-month benchmark to classify a judgment as late.
The Johannesburg Labour Court had the highest number of late judgments in term 2, with 53 matters outstanding for more than six months. This, however, was a decrease of 12 matters since the previous term. The High Court in Pretoria followed with 42 late judgments, up by 14 since term 1. Meanwhile, the Labour Court in Durban had 26 matters outstanding for longer than six months.
The Constitutional Court has not set the best example, with three late judgments, one of which has been outstanding for more than a year.
Acting Judge M.P Kumalo of the Johannesburg Labour Court has 25 late judgments, the highest in the country. While Judge Nomsa Khumalo of the Pretoria high court has nine late judgments, some of which have been outstanding for over two years. The Supreme Court of Appeal’s Judge Tati Makgoka has eight outstanding judgments.
Retired KwaZulu-Natal Judge Anton van Zyl still holds the record for the longest-delayed judgment, reserved in May 2021. Earlier this year, he handed down another late judgment after 12 years. In the Durban High Court, Acting Judge Kuboni reported three late judgments, each outstanding for more than four years.
The high courts in Bhisho, Gqeberha, and Middelburg had no late judgments listed. The Labour Appeal Court, Electoral Court, and Competition Appeal Court also reported none. But because the record of reserved judgments relies on judges to self-report, the lists could be incomplete.
On Tuesday, GroundUp reported on a judgment delivered three years late that did not appear in the OCJ’s reports.
Judges Matters has previously noted the importance of maintaining the integrity of judges, adding that unreported judgments undermine transparency, accountability and the public’s trust in the judiciary.
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