Southern Africa: Court Backlogs Are a Threat to Justice - Mediation Is Part of the Answer

Our courts are hopelessly overcrowded. Litigants wait up to three-and-a-half years to get trial-ready cases heard by the high courts, while it can take up to 20 years for matters to be disposed of by the Supreme Court of Appeal.

Listen to this article 6 min Listen to this article 6 min While history was being made last week when President Cyril Ramaphosa announced Justice Mandisa Maya as the first female Chief Justice, Parliament was voting to pass the Appropriations Bill which effected financial cuts to judicial services.

The outgoing Chief Justice, Raymond Zondo, this week reacted with outrage that he and his judiciary had not been consulted and that he no longer could deliver the services expected. He said the matter now rests in the hands of the executive to intervene in this critical impasse.

Currently, more than 180,000 cases are waiting to be heard in our courts.

In Gauteng, judges must write 642 judgments a year; in KwaZulu-Natal, it is 427, and in Limpopo, 1,052. Many are complex, far-reaching and setting weighty legal precedents. In some provinces, court dates are already being set down for 2027. The additional challenges faced by judges are resource, water and Wi-Fi issues, access to limited researchers and various IT and tech constraints.

Justice denied

Based on the adage "justice delayed is justice denied", it is clear that the citizens of our country are being denied access to justice and our legal system...

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