South Africa hosts the J20

South Africa hosts the J20 – An opportunity for a global reset to protect the rule of law

At a time when judges and judiciaries around the world are facing an unprecedented crisis, all eyes will be on the South African judiciary as it hosts the J20 – the summit of heads of constitutional and supreme courts of the G20 countries – on Wednesday and Thursday (3–4 September) in Sandton, Johannesburg.

Among the dizzying array of institutions US President Donald Trump has attacked in the first eight months of his second term of office, the judiciary has probably received the most heat.

Since his first day in January, he has launched a steady stream of attacks against judges issuing injunctions to limit his sweeping executive orders, accusing them of “subverting the will of the people”.

In June, Trump-appointed FBI director Kash Patel posted on Twitter/X a shocking image of a black-robed judge being dragged from her court in handcuffs for apparently “obstructing justice”.

Not satisfied with attacks at home, Trump’s State Department has also attacked global judicial institutions like the International Court of Justice and the International Criminal Court, including sanctioning the latter’s judges.

While Trump’s actions have sent shockwaves around the world, he is by no means alone. In a recent report, the Atlantic Council notes that the last decade has seen a global decline in the rule of law, even in established democracies in the developed world. Leaders in other G20 countries like Turkey and Mexico have even gone as far as amending their constitutions to emasculate their judiciaries.

Seeing these actions play out, judges around the world are scrambling to “Trump-proof” their own judiciaries and protect the rule of law. Therefore, the discussions at the J20 summit will be crucial in setting the global agenda on what judges and judiciaries do in a time of political crisis.

Seeing these actions play out, judges around the world are scrambling to “Trump-proof” their own judiciaries and protect the rule of law. Therefore, the discussions at the J20 summit will be crucial in setting the global agenda on what judges and judiciaries do in a time of political crisis. Organised under the theme “Justice in a Time of Change: Independence, Innovation and Cooperation”, the J20 summit must be a platform to build global solidarity and exchange crucial lessons.

Fortunately, South Africa has plenty of lessons to offer.

During the Zuma state capture period, the judiciary stood bravely as a bulwark against the many excesses and impunity of that time.

During the Zuma state capture period, the judiciary stood bravely as a bulwark against that time’s many excesses and impunity. In ruling after ruling, on everything from the Public Protector’s powers in the Nkandla scandal, the botched nuclear deal, the impeachment of the President, to dodgy appointments at the National Prosecuting Authority, the courts stood firm in upholding South Africa’s constitutional commitment to the rule of law. And when the attacks came from politicians not immediately in front of the courts in 2015, then Chief Justice Mogoeng Mogoeng courageously called for a meeting with the President and the Speaker of Parliament to tone down the political temperature.

These and other lessons will no doubt provide a blueprint for the discussions scheduled for the J20’s first plenary session, titled “Advancing Judicial Independence and Accountability: Preserving the Rule of Law and Reinforcing Judicial Security in an Evolving Global Landscape”.

The first J20 summit was held in Argentina in 2018 and welcomed only a small fraction of the member countries. Three more have been held since, the latest being in Brazil in 2024, which saw 20 delegations, including the African Union and the European Union. South Africa will be the fifth J20 host and has extended invitations to all G20 member countries, the African Union, international organisations such as UNESCO, and regional organisations like the Southern and Eastern Africa Chief Justices’ Forum.

The J20 summit will also discuss other topics that touch on the current global polycrisis. These include judicial responses to climate change, cybercrime, and strategies for judiciaries to harness the benefits of artificial intelligence while reducing the anticipated harms to fundamental rights such as privacy.

Late on the first day, delegates from Brazil, Saudi Arabia and UNESCO will lead the panel discussion on “Balancing Artificial Intelligence Innovations with Fundamental Freedoms in Judicial Systems”. In a series of cases since June 2024, South African courts have had to grapple with the ethical questions of lawyers using generative AI in court documents, and local judges will be keen to exchange notes with their global peers.

On Day two, delegates from Mozambique, Australia, France and Indonesia will lead a panel discussion titled “Climate Change Justice Through Judicial Collaboration”. This topic is particularly topical, as it comes weeks after the International Court of Justice issued its first advisory opinion holding countries liable for inaction on climate change. Climate justice is also an area in which many of the world’s leading judgments have come from South African courts.

The J20 summit is a tremendous opportunity to reset the global agenda amidst the onslaught on judicial independence and the rule of law.

The J20 summit is a tremendous opportunity to reset the global agenda amidst the onslaught on judicial independence and the rule of law. South Africa already has many lessons to share with the rest of the world. One hopes that, in the midst of the gloomy darkness surrounding the rule of law globally, South Africa will leverage the J20 to distinguish itself as a leading light in the world.

Mbekezeli Benjamin is a research and advocacy officer at Judges Matter, a project of the Democratic Governance and Rights Unit, UCT, focused on the appointment of judges and magistrates, their conduct and ethics, and the governance of the judiciary in South Africa.