The issue of delayed judgments in South Africa has reached a critical point, with significant implications for the rule of law and public trust in the legal system. As of August 2024, over 220 judgments were outstanding for more than six months, a stark increase from previous years. This backlog not only hampers the delivery of justice but also raises questions about the efficacy of the judiciary in upholding constitutional rights.
The Office of the Chief Justice (OCJ) has reported a troubling trend: the number of late judgments has more than doubled since 2019. The Johannesburg Labour Court, Pretoria High Court, and Mahikeng High Court are among those with the highest number of outstanding cases. The OCJ’s standards dictate that judgments should ideally be delivered within three months of being reserved; however, the current reality sees many cases lingering unresolved for years.
This backlog is exacerbated by a lack of judicial resources. South Africa has approximately 250 judges, a number that has remained largely unchanged despite the increasing caseload. The Gauteng High Court, for instance, is setting trial dates as far out as 2031, indicating a systemic failure to address the growing demand for judicial services.
The rule of law is foundational to any democratic society, ensuring that laws are applied consistently and fairly. However, the persistent delays in judgment undermine this principle, leading to a decline in public confidence in the legal system. Citizens facing issues such as unfair dismissals or land rights disputes find themselves in a state of limbo, unable to secure timely resolutions to their grievances.
The implications of delayed judgments extend beyond individual cases; they threaten the very fabric of society. When citizens lose faith in the judiciary, they may seek alternative means of dispute resolution, potentially leading to an increase in private arbitration. While private arbitration can serve as a market solution, it raises concerns about accessibility and fairness, particularly for those who may not have the resources to engage in such processes.
Addressing the issue of delayed judgments requires a multifaceted approach. Here are two potential solutions:
- Increase judicial appointments: Expanding the number of judges and support staff is essential to alleviate the backlog. This would not only expedite the resolution of cases but also enhance the overall efficiency of the judicial system.
- Enhance court infrastructure: Investing in court infrastructure and technology can streamline processes and reduce delays. Improved case management systems and digital filing could facilitate quicker access to information and more efficient scheduling of hearings.
These reforms would not only address the immediate issue of delayed judgments but also reinforce the rule of law, restoring public confidence in the legal system.
The rise of private arbitration as an alternative to traditional court proceedings reflects a growing trend in dispute resolution. This shift can be linked to the frustrations experienced by individuals facing delays in the judicial system. For instance, the case of a man whose wife died at Disney World illustrates the potential pitfalls of contractual agreements that limit access to courts. The uproar that followed led to reforms, yet such terms and conditions have become commonplace in various contracts, including employment agreements.
In South Africa, the right to access courts is enshrined in the Constitution. However, as delays become more prevalent, individuals may feel compelled to forgo this right in favour of private arbitration, which may not always offer the same level of protection or fairness. This raises critical questions about the balance between market solutions and the fundamental rights guaranteed to citizens.
The ongoing issue of delayed judgments in South Africa is a pressing concern that demands immediate attention. By linking this issue to the broader themes of the rule of law and public trust, it becomes clear that reform is not merely desirable but essential. Increasing judicial appointments and enhancing court infrastructure are vital steps towards restoring faith in the legal system.
As South Africa navigates these challenges, it is imperative to ensure that the right to access courts remains protected, even as alternative dispute resolution mechanisms gain traction. The future of the judiciary depends on its ability to adapt and respond to the needs of its citizens, ensuring that justice is not only done but seen to be done in a timely manner.
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Mukundi Budeli is a final year LLB student at the University of Witwatersrand and an Associate of the Free Market Foundation.
This article was first published by GoLegal on 18 August 2025
