Oversight failures threaten legitimacy of courts.
The Judicial Service Commission (JSC) is facing mounting criticism for what observers describe as a dramatic collapse in its ability to process misconduct complaints against judges.
Over the past four years, unresolved cases have ballooned to unprecedented levels, raising questions about accountability and public trust in the courts.
According to the latest annual reporting cycle, the JSC’s judicial conduct committee (JCC) resolved just 29% of complaints in the 2024-25 financial year.
This marks a sharp decline from 56% the previous year and a dramatic fall from the 94% resolution rate recorded in 2021-22.
In 2024-25 alone, the JSC received 132 new complaints – the highest in four years – yet only 38 were finalised.
That left 94 matters, nearly three‑quarters of the total, unresolved and carried into the next financial year. The backlog has accelerated year‑on‑year.
In 2021-22, only six complaints remained unresolved. That figure grew to 21 in 2022-23, surged to 55 in 2023-24, and nearly doubled again in the current reporting period.
Across four years, the JSC received 445 complaints and resolved 269, leaving 176 still pending – about 40% of the total.
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Most complaints relate to breaches of judicial conduct code
Most complaints lodged in 2024-25 relate to alleged breaches of the Code of Judicial Conduct, including failures of diligence, fair trial obligations, honourable conduct and equality.
More than half of pending matters appear trapped in administrative limbo: 56 complaints remain awaiting determination by the acting chair, while others are stuck at the secretariat processing level, referred to heads of court, or under appeal.
Of the complaints resolved during the period, most were dismissed on preliminary grounds. Meanwhile, unresolved cases include two complaints against a Johannesburg acting judge.
One, lodged in 2023, alleges dishonesty. The other, filed in September, accuses the judge of accepting a R5 000 bribe to swing a leave‑to‑appeal ruling.
Businessman and lawyer Bouwe Wiersma, the complainant in the second case, expressed frustration at delays.
“I have been promised that the ruling will be communicated to me by the end of October but to date, I am still waiting,” he said.
Civil society warns of erosion of public trust
The Helen Suzman Foundation (HSF) says the sharp rise in complaints and the steep decline in resolution rates are concerning.
HSF senior researcher Chanel van der Linde warned the slowdown has broader systemic consequences.
“Public trust in the judiciary – and in the rule of law – depends on confidence that judicial misconduct will be dealt with promptly and decisively,” she said.
Van der Linde cautioned that erosion of trust risks weakening the legitimacy of the courts and undermining the constitutional order they are meant to protect.
She noted that the judiciary already functions under significant strain, including heavy caseloads and persistent backlogs.
These pressures, she argued, may act as catalysts for irregular judicial conduct, compounding the number of complaints.
She identified structural and capacity constraints as a key reason for the slowdown. The JCC is staffed by permanent judges who already carry full judicial workloads, while also being required to perform disciplinary functions.
Chief Justice acknowledges limits of current system
Last month, Chief Justice Mandisa Maya acknowledged the backlog stems from the committee’s limited composition and small number of members.
JSC spokesperson Sesi Baloyi confirmed one complaint against the Johannesburg acting judge has been referred to the head of court.
She added the second complaint, lodged by Wiersma, was considered by the JCC on 30 October and is in the process of being finalised.
With 94 complaints already carried over into the 2025-26 financial year, the JSC enters the new cycle under intensifying pressure to restore credibility and efficiency to its oversight role.
