2025 a critical year for judicial reform and accountability

The year 2025 has been a rollercoaster for South Africa’s judiciary, marked by deliberate governance reform alongside major blows to the public’s perception of the institution. While the country hosted prestigious events, implemented a new sexual harassment policy, and took steps toward full judicial independence, we also witnessed a decline in judicial appointments and several high-profile scandals that severely eroded public trust.

While the country hosted prestigious events, implemented a new sexual harassment policy, and took steps toward full judicial independence, we also witnessed a decline in judicial appointments and several high-profile scandals that severely eroded public trust.

South African Judiciary in the international spotlight

The SAC-IAWJ 17th Biennial Conference was the first major event on the international calendar. Themed Resilience: Women in leadership to end gender-based violence and femicide, the conference brought together nine hundred judges, magistrates, legal professionals and policy makers from across the world to address the global scourge of GBVF through judicial leadership and activism. The event, opened by Chief Justice Maya, included several panel discussions focusing on how women in leadership across various countries have used their positions to advance a more survivor-centred approach to justice.

The IAWJ conference provided a vital platform to reflect on progress in ensuring women’s active participation and resilience in the judiciary. It highlighted how the judiciary responds to the needs of women and other vulnerable groups in society.

On 20 June 2025, the 30th anniversary of the Constitutional Court was celebrated. President Ramaphosa’s speech became the defining moment of the day when he announced the government’s dedication to establishing the judiciary as an institutionally independent arm of the state akin to the legislature. He emphasised the commitment to unifying a single judiciary and enhancing court capacity, both vital for the effective administration of justice and full independence. To give effect to this plan, he noted that a joint committee had been appointed to work on the modalities required to ensure a smooth transition.

September saw the heads of constitutional and supreme courts of G20 countries come together at the J20, a tremendous opportunity for South Africa to help reset the global agenda amidst growing global attacks on judicial independence and the rule of law.

The final major judicial event of 2025 was Judiciary Day on 25 November. Chief Justice Maya presented performance reports for both the 2023–2024 and 2024–2025 financial years. Judiciary Day is an opportunity for the judicial arm of the state to account directly to the public on its performance, challenges, and ongoing commitment to uphold the Constitution and the rule of law.

Read the Judiciary Annual Report for 2023 – 2024

Read the Judiciary Annual Report for 2024 – 2025

The data showed improvements in court performance in 2024–2025, with only the Labour Court and Electoral Court reflecting declines. The Chief Justice explained that delays in meeting targets are largely due to chronic underfunding, strained resources, and capacity constraints. These factors have led to longer waiting periods for hearing dates and delayed judgments.

Responding to complaints about delays in the Constitutional Court, Chief Justice Maya mentioned a proposed constitutional amendment that would allow smaller panels of judges to sit in multiple cases simultaneously, instead of requiring all eleven justices to sit on every matter. This, she said, would improve performance and the speed at which the apex court delivers judgments at a time when it is inundated with applications.

Vitally important governance reforms for a single judiciary

Judicial independence and the elimination of political interference have been central themes since the advent of constitutional supremacy. However, 2025 showed intentional and prioritised engagements between the judiciary and the executive on moving administrative and financial duties from the Ministry of Justice to the Office of the Chief Justice.

Ahead of President Ramaphosa’s announcement at the Constitutional Court’s anniversary, the Chief Justice, the President of the SCA, three senior Judge Presidents, the Minister of Justice and several key Ministers met on 6 June 2025 to discuss collaborative efforts to strengthen the judiciary. This marks the most progress ever made towards creating a single judiciary, with much credit due to Chief Justice Maya’s strategic leadership.

On 20 September 2025, Judges Matter discussed the reform roadmap with Minister Mmamoloko Kubayi. The Minister outlined a two-phase process: phase one involves the transfer of retained or shared services, and phase two involves integrating the lower courts and developing the policy and legislative framework.

Phase one will see the transfer of shared services relating to the superior courts, facility management, security, court recording, transcription, library, and ICT, from the Department of Justice to the OCJ. The transfer is expected to take effect on 1 April 2026, meaning both departments will face a busy start to the year.

The next discussion with the Minister is set for next year and will focus on progress by the Presidential task team.

Judicial appointments

This year saw five interview sittings: three conducted by the JSC to fill various judicial positions, including that of Deputy Chief Justice, and two by the Magistrates Commission for regional court and senior magistrate vacancies.

The JSC sat in April, July, and October. The April sitting was unusually short, with only four vacancies and five candidates. Two candidates were recommended.

July’s sitting was the most notable, with three senior Judge Presidents competing for the position of Deputy Chief Justice, left vacant for ten months following Chief Justice Maya’s elevation. After two full days of interviews, the now Deputy Chief Justice Dunstan Mlambo was appointed. Coming from the busiest division in the country and known for taking initiative and tackling issues head-on, his partnership with the Chief Justice is expected to bring much-needed energy to judicial leadership.

October’s interviews were the opposite of April’s: fifty-one candidates for twenty-four vacancies. Only sixteen appointments have been made so far, as we await the President’s decision under s174(4)(b) to select two candidates for Constitutional Court vacancies. With these vacancies persisting for several years, swift action is vital.

The JSC acknowledged shortcomings in the October round, including weak candidates reaching the interview stage and voting procedures that prevented appointments. Both processes will be formally reviewed. Ideally, this should occur before the next round in April 2026.

With the judiciary chronically under-capacitated, unfilled vacancies are concerning. While the JSC continues improving its conduct and decision-making, it remains critical that competent, independent candidates make themselves available.

With the judiciary chronically under-capacitated, unfilled vacancies are concerning. While the JSC continues improving its conduct and decision-making, it remains critical that competent, independent candidates make themselves available.

Buckling down on judicial misconduct

Perhaps the most damaging aspect of 2025 was the unprecedented number of judicial misconduct cases. High-profile scandals dominated headlines, eroding public trust.

Among those facing scrutiny were Judge President Mbenenge, Judge Parker, Judge Makhubele, Judge Maumela, and Judge Lekale. The JSC has found both Parker and Makhubele guilty of gross misconduct, with only Judge Makhubele’s matter referred to the National Assembly to date.

Judge President Mbenenge’s tribunal drew the most media attention. The tribunal is grappling with allegations of sexual harassment. Closing arguments were heard in October, and the decision is awaited.

Judge Maumela faces allegations of excessive delays, with fifty-two outstanding judgments dating back to 2013. Despite his defence citing ill health, the Tribunal is investigating whether his conduct amounts to gross incompetence. Hearings have yet to take place due to ongoing postponements.

Judge Lekale faced an incapacity inquiry after being unable to perform his duties due to illness affecting his eyesight since 2018. This is the first tribunal convened strictly on incapacity grounds. On 28 October, the JSC recommended establishing a Judicial Conduct Tribunal to investigate.

Most recently, Judge Portia Phahlane of the Pretoria High Court was arrested on charges of corruption and money laundering linked to a church succession dispute. She is the first sitting judge in South Africa to face criminal charges for alleged wrongdoing in a matter she adjudicated. She has been placed on special leave. Judges Matter has called for her immediate suspension due to the gravity of the allegations.

Read the media statements from Judges Matter and the OCJ.

These cases raise deep concerns about judicial conduct and integrity. However, 2025 did show improvement in the JSC and JCT’s response times. Swift responses are essential for public trust, as demonstrated in the Phahlane case, the first time the JSC responded to a misconduct matter without a formal complaint.

That said, major delays remain:

• The Parker Tribunal has been ongoing since 2020.

• The Mbenenge Tribunal only began this year, three years after the complaint.

• The Maumela Tribunal concluded hearings in 2024, two years after the complaint, yet the Tribunal — required to report within three months — has still not delivered findings.

• Only the Makhubele Tribunal has concluded and been referred to Parliament.

Protracted tribunals threaten judicial accountability and public confidence. We hope 2026 brings faster processes and clearer outcomes, remembering that justice must not only be done, but must be seen to be done.

Implementation of the sexual harassment policy for the judiciary

On 9 August 2025, National Women’s Day, the Chief Justice announced that a sexual harassment policy would formally come into effect. She emphasised that the policy establishes a culture of zero tolerance for harassment and bullying, is victim-centred, and aims to prevent abuse of power in hierarchical workplaces such as courts.

…the [Sexual Harassment] policy establishes a culture of zero tolerance for harassment and bullying, is victim-centred, and aims to prevent abuse of power in hierarchical workplaces such as courts.

The policy provides for an independent “gender desk” to offer emotional and legal support to survivors, helping prevent re-traumatisation.

It introduces multiple pathways for addressing complaints, from informal resolution to formal processes, and requires training for judicial officers and disciplinary chairs on workplace power dynamics and the impacts of harmful conduct.

This announcement came at a pivotal moment: on 21 November, the President declared GBVF a national disaster. However, since August, few updates have been shared on the implementation of the gender desk. Updates from the OCJ are eagerly awaited.

What we are looking forward to in 2026

Despite progress in 2025, the judiciary faces significant challenges in 2026. Judicial governance reforms will take centre stage as services transfer from the DOJ to the OCJ, and Judges Matter will monitor developments closely.

Beyond this, the JSC needs to:

• attract strong candidates,

• review its shortlisting and voting procedures,

• adopt a code of conduct regulating the Commission’s functions, and

• address misconduct matters with genuine urgency.

The impact of misconduct on public confidence is profound. The JSC must be seen to take these matters seriously, responding swiftly and decisively.

We also look forward to the establishment of the gender desk and meaningful implementation of the sexual harassment policy. Its success depends entirely on effective, transparent implementation.

Given the scale of work ahead, it is strongly advised that the JSC and the judiciary take a well-deserved break before 2026 begins.

Dima Nchodu and Genevieve Maujean are researchers at Judges Matter, a project of the Democratic Governance and Rights Unit at the University of Cape Town’s Law Faculty.