Women are still under-represented in the judiciary: Report

The Annual Judiciary Performance Report which covered the period from April 2020 to March 2021 indicates that women are still under-represented in the judiciary. Acting Chief Justice Raymond Zondo has presented the fourth Judiciary’s Annual Performance Report for 2020/21 virtually on Tuesday.

The report states that 44% of judges and 49% of magistrates are women, despite the fact that women make up 53% of the country’s population.

While there has been transformation in the judiciary in recent years, women are still under-represented.

Zondo elaborates, “At the end of the reporting period in review, the establishment for judges comprised 234 judges in active service, 44% of those judges are women. The number of active magistrates in service is 1 726, 49% of which are women.”

The report was released on Judiciary Day, a day set aside by the South African Judiciary to present its annual report on Judicial Functions and Court Performance.

VIDEO: Acting Chief Justice Raymond Zondo presents the Annual Judiciary Report

‘No need for reform’

Acting Chief Justice says there is no need to reform the process of appointing Constitutional Court Judges. This comes as concerns have been raised about the Judicial Service Commission’s handling of the appointment of the country’s new Chief Justice.

Last month the Commission announced that it will only conduct interviews for the position in February 2022.

Deputy Chief Justice Raymond Zondo, Supreme Court of Appeal President Mandisa Maya, Gauteng Judge President Dunstan Mlambo and Constitutional Court Justice Mbuyiseli Madlanga have been selected by President Cyril Ramaphosa as the preferred candidates for the position.

Justice Zondo says there is no need for reforms yet. “Certainly, I have heard of late some people who advocate that there be reforms, but I, at this stage, will not call for any reforms in terms of the Constitutional arrangement. I think it is more important that we try and not temper with the Constitution unless we get to a point where it is really serious. At this stage, I will not be calling for any reform in terms of the manner in which judges are appointed.”

COVID-19 impact 

Like any other sector, the COVID-19 pandemic caused much disruption to the judiciary. Cases were delayed as the courts have to adjust to the new regulations.

Acting Chief Justice says, “The Judiciary was not spared from the impact of the COVID-19 pandemic on its operations, and had to quickly adapt to the new normal and switch from physical to virtual court proceedings and operations. We are grateful to the Office of the Chief Justice for managing this difficult transition as well as they have done under the trying circumstances of lockdown.”

The pandemic also delayed the interview process for new Constitutional Court justices and High Court judges.

“No new appointments were made during the reporting period due to the fact that the Judicial Service Commission could not conduct interviews. This was as a result of the lockdown measures implemented as part of the declaration of the national state of disaster in response to the COVID-19 pandemic,” Zondo adds.

Appointment of judges 

Dozens of candidates who were recommended by the Judicial Service Commission in October to fill nearly 30 vacancies in various divisions of the High Court and other Superior Courts, including the Constitutional Court, have not yet been appointed by President Cyril Ramaphosa.

This, despite the fact the Constitution orders the President to make the appointments on the advice of the JSC.

The Constitution only gives the President discretion when it comes to filling vacancies in the Constitutional Court, as well as filling vacancies in the leadership of the Supreme Court of Appeal.

Currently, there are five vacancies in the Constitutional Court.

Meanwhile, the Justice Ministry says it has been assured by the Presidency that the appointment of the judges recommended by the JSC in October will be made this week and that the appointments will be effective from the first of next month.

Justice  Zondo says “I am not sure what is causing the delay. But I hope that the President will the appointments without any further delay.” -Additional reporting by SABC Parliament