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Judges Matter makes submission on Moseneke Committee’s rationalisation process

Judges Matter makes submission on Moseneke Committee’s rationalisation process

Judges Matter makes submission on Moseneke Committee’s rationalisation process

Judges Matter has made a submission to the Moseneke Committee’s report on the judicial establishment (i.e. the number of judges needed for the courts). Judges Matter’s submission responds to the recommendations made in an initial draft of the phase 2 report of Moseneke Committee’s work on the high court rationalisation process.

Judges Matter’s submission draws attention to the impact of the rationalisation process on increasing the number of judges needed; the need for comprehensive data on caseloads and judge hours; a uniform policy on acting judges; and, most significantly, the current crisis in the courts and the need for urgent interim measures.

For several years, Judges Matter has highlighted the problem in the shortage of judges across South Africa’s judiciary. We drew attention to the issue in the Labour Court, the Competition Appeal Court, the Electoral Court, and broadly at all levels of the court system. The Gauteng High Court has reached a crisis point, with trial dates now being issued from the first term of 2029!

In 2021 the Minister of Justice established a committee to address this problem in two ways:

  1. The commission would recommend that the jurisdictional boundaries of the high court would be redrawn, and new courts established through a rationlisation process;

and

  1. Through a scientific process, they will determine how many more judges are needed in the judicial establishment.

This committee is chaired by retired Deputy Chief Justice Dikgang Moseneke and has three other members, including retired Deputy Judge President Jeanette Traverso, retired Deputy National Director of Public Prosecutions Silas Ramaite, and retired Chief Magistrate Renuka Subban.

The Moseneke Committee released its initial report on rationalisation in July 2023. Some of its most groundbreaking recommendations include moving the seat of the Eastern Cape High Court from Makhanda (Grahamstown) to Bhisho and the establishment of new High Court seats in Richard’s Bay, Rustenburg, Upington, Welkom, Thembalethu in George, Western Cape, and Palm Ridge in Ekurhuleni, Gauteng.

In June 2024, the Moseneke Committee released its initial report on judicial establishments. While the report highlighted the workload pressures on judges as a result of population and economic growth, it stopped short of making concrete recommendations on the exact number of judges needed due to a lack of comprehensive data on caseloads. The report, therefore, recommended mandatory uniform data collection towards establishing a case-weighting system. In addition, the Moseneke Committee recommended that a new policy on acting judges be developed, together with the abolishment of recess periods for judges, and a requirement that judges record the hours spent at work.

Judges Matter’s submission responds to these issues. Most significantly, our submission proposes interim measures to deal with crisis in our courts, particularly in Gauteng. Our recommendations include seconding judges from other provinces and temporarily appointing acting judges beyond the judicial establishment.

The Moseneke Committee will release its final report during the course of 2024.

Read Judges Matter’s submission to the Moseneke Committee here.

(Photo: Gallo Images/Business Day/Martin Rhodes)

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