The April 2025 JSC: Why one is never enough

On April 1, 2025, the Judicial Service Commission (JSC) met to consider appointments to the Electoral Court and the Labour Court. Despite widespread concern about delays in the justice system and chronic judicial shortages, the JSC was only able to make one appointment to the Labour Court and one to the Electoral Court.

The JSC’s hesitancy to make appointments

The JSC’s hesitancy to make more appointments during these hearings is, in fact, reassuring. It is important to ensure that the JSC has the utmost confidence in candidates, and a failure to appoint is as important as appointing – in that it ensures candidates meet the JSC’s standards. However, the lack of candidates they were comfortable appointing is clearly a problem.

The one successful Labour Court candidate, Ms Tapiwa Gandidze, will no doubt be an asset to a court under immense strain. But one appointment does not go far enough. With only 13 Labour Court judges serving the entire country, workers and employers alike face frustrating delays. Backlogs in that court are growing, undermining access to justice in an area of law that affects livelihoods and the national economy. The JSC being unable to fill those positions is of grave concern.

Justice delayed or justice obliterated

This hearing played out against the background of a serious crisis in the judiciary. There are only around 250 judges in South Africa serving a population of over 60 million. In some divisions, civil trials are being scheduled as far into the future as 2031. That means that, for many ordinary people, justice delayed is not just justice denied — it’s justice obliterated.

Chief Justice Mandisa Maya has rightly identified judicial under-capacity as a crisis. 

Chief Justice Mandisa Maya has rightly identified judicial under-capacity as a crisis. She has already met with the executive to advocate for increased funding for the judiciary. But the JSC — the very body responsible for recommending judges for appointment — must be able to match this urgency with action and receive nominations of candidates it can appoint.

A Constitutional promise

The Constitution promises South Africans the right to have their disputes resolved by courts that are independent, fair, and effective. When courts are understaffed, this promise rings hollow. The JSC can only ensure that every vacancy is filled swiftly, with candidates who are competent, independent, and ready to serve, if those candidates come forward for appointment.

One appointment is better than none. But it is not nearly enough. The crisis in our courts demands a decisive and coordinated response — starting with the basics, the appointment of more judges.