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A joint committee is now in action to finalise the process of the independence of the judiciary.
Justice Minister Mmamoloko Kubayi (L), President Cyril Ramaphosa and Chief Justice Mandisa Maya. Picture: X / @GovernmentZA
Plans are underway to make South Africa’s judiciary fully independent, enabling it to manage its own administration and finances, says President Cyril Ramaphosa.
He was speaking during an event marking the 30th anniversary of the Constitutional Court (ConCourt) in Braamfontein on Friday.
The announcement follows a recent meeting between the president and members of the judiciary, led by Chief Justice Mandisa Maya.
While the judiciary is constitutionally recognised as one of the three arms of government – alongside the executive and the legislature – its administrative functions currently fall under the department of justice and constitutional development.
Ramaphosa on judiciary’s independence
In his address, Ramaphosa emphasised the need for structural reforms to ensure the judiciary can carry out its duties independently and effectively.
He referred to the judiciary’s 2022/2023 annual report, which outlined challenges the ConCourt faces in meeting case finalisation targets.
“This is no doubt owing to the significant volume of cases the court is dealing with,” Ramaphosa said.
“Enhancing access to justice and improving court services has been allocated for in this year’s budget and there have been increases for improving superior court services, for judicial education and support, for the filling of vacant posts and to address other funding shortfalls.”
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The president said that a dedicated team has been established to develop an action plan to be finalised six weeks from now.
“A joint committee is now in action to finalise this whole process of the independence of the judiciary.
“It has been an anomaly of our constitutional architecture that we’ve had parliament as an independent institution in our constitution fully and properly recognised, and the executive – but the judiciary has on an unfair basis had to depend on government on a variety of matters from getting approval on the appointment of people and not even being in complete control of their own budget,” said Ramaphosa.
“This comes to an end now. The judiciary will be independent. We will ensure the judiciary is rightly constituted as an equal branch of the state, same level as the executive and the legislature.”
Budget constraints and funding strategy
Speaking to the media, Ramaphosa highlighted the current fiscal challenges facing the country, but reiterated government’s commitment to financially support judicial independence.
“Money is getting tighter and tighter because our fiscal situation is challenged with the lackluster growth of our economy.
“So the revenues that come into government are becoming slimmer and slimmer. However, we do need to empower various arms of the state.
“Parliament is one, the judiciary is one and the executive of course plays a leading role of the arms of the state,” the president said.
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He stressed that despite budgetary constraints, funds will be made available to allow the judiciary full control over its operations.
“Money will be made available and of course to the extent that we are able to mobilise the resources as we grow the economy, the judiciary will have the money and they will be in control just as parliament is in control of its own budget.
“They will be able to embark on infrastructure projects, administrative capability, training and all those without having to always go ask for permission.”
Proposals for reform
The ConCourt came under criticism last year for not delivering judgments within the prescribed timeframes.
The judicial norms and standards require judges to issue rulings within three months of a hearing or trial conclusion
However, most courts, including the ConCourt, have often exceeded this deadline, with some judgments delayed for over six months.
Several proposals have been put forward to improve the ConCourt’s efficiency including amending the Constitution to permit smaller panels of three judges – rather than the full bench of 11 – to hear new applications.
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