‘Unacceptable’: Judiciary budget constraints, shortage of judges and backlogs

Budgetary constraints have led to a shortage of judges in South Africa, with the Office of the Chief Justice (OCJ) unable to provide the judiciary with the much-needed support.

On Wednesday, the OCJ briefed the portfolio committee on justice and constitutional development on its annual performance plan and budget.

The OCJ was allocated a total budget of R2.607 billion (2024/25), of which R1.333 billion was allocated to the Direct Charge for judges’ remuneration and benefits.

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During the financial year, it spent 108% of its budget. The National Treasury has allocated an additional budget, ensuring that the OCJ is adequately capacitated to enhance support for the judiciary.

The OCJ informed the committee of the shortage of law researchers.

“The ratio of law researchers to judges is currently not acceptable. But thanks to the budget injection, we have managed to reprioritise funds so that we can create additional law researchers for our Supreme Court of Appeal. The ratio will then be two judges per researcher. The ideal is one-on-one,” said acting secretary-general of the OCJ, Advocate Marelize Potgieter.

Shortage of judges ‘unacceptable’

African Christian Democratic Party (ACDP) member Steven Swart lamented the shortage of judges, which results in people waiting years for their trial dates.

“What I need to emphasise is the fact of the budgetary constraints, and while there was an additional funding given to the office of the chief justice, it’s still nowhere near the requirements,” said Swart.

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“According to the most recent budget speech by the finance minister, he identifies spending pressures that may require funding later this year, including strengthening the capabilities of the Office of the Chief Justice.

“Additional funds were given, but not sufficient as is required when considering we have done oversight on the shocking state of the buildings, at a high court level and [magistrate court] level. This places a lot of pressure.

“We are fully aware of the delays that are caused when it comes to trial dates with insufficient judges that need to be appointed, and the supporting staff that needs to be appointed. The point of the trial dates is important, particularly when it comes to the backlogs and pressures in our courts. In some cases, people have to wait for about five years for a trial. This is unacceptable, and it’s an indication that there are too few judges.”

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According to Judges Matter, the Gauteng High Court is in a state of crisis, with the earliest trial dates not available until 2030.