The Judicial Service Commission's recommendation that Gauteng judge president Dunstan Mlambo be appointed deputy chief justice comes at a critical juncture for the Constitutional Court.
Once celebrated as a pillar of post-apartheid justice, the apex court is at risk of becoming a symbol of institutional failure. Outdated systems and little transparency conspire to delay justice for the poor and needy.
The recent discussions between President Cyril Ramaphosa and US President Donald Trump, where Cosatu's president Zingiswa Losi indirectly highlighted the country’s judicial inefficiencies, revealed a grim reality: our justice system moves at a snail's pace.
Ordinary citizens have to wait between five and seven years for trial dates at the apex court.
It can be even worse when the matter involves Road Accident Fund claims, which can drag on for a decade.
Ideally, the office of the chief justice (OCJ) should exemplify efficiency. Notably, the OCJ has launched its court online system in superior courts to enable electronic filing, a crucial step towards improving access to justice while boosting efficiency and reducing paperwork. Now operational in most high courts, the civil system is expected to achieve full nationwide rollout by 2025/26.
While South Africa celebrates three decades of democracy, the Constitutional Court's failures betray its founding promise.
Despite this possible intervention, the OCJ’s latest reserved cases report shows a system in disarray. Backlogs grow unchecked, case registers remain outdated and accountability for delays is absent.
Despite public pressure, the OCJ fails to provide updated reports on reserved judgments, leaving litigants in limbo.
While South Africa celebrates three decades of democracy, the Constitutional Court's failures betray its founding promise.
It must be understood that judgments are not just legal text, they are crucial interventions to resolve conflicts and set legal precedents. Landmark cases are not just records but shape legal intellectual capital. Poor and vulnerable people are further disadvantaged in the absence of expedited justice.
Mlambo's appointment would present an opportunity for urgent reform. His career — spanning the legal aid board, labour court and Gauteng division — demonstrates a jurist willing to challenge the status quo.
Mlambo's criticism of the conservative judicial approach and jurisdiction “forum shopping” by corporations with deep pockets suggests he understands how the justice system is skewed against the poor.
I believe that he will be able to share his broad experience and infuse fresh ideas into the inefficient Constitutional Court, which has been struggling to release numerous judgments that have been outstanding for more than a year.
These delays are largely at the expense of the poor and vulnerable.
Mlambo has the right mindset to benchmark judicial productivity and infuse innovation using legal technologies such as AI tools and digital case platforms.
The incoming DCJ must implement measurable judicial performance indicators.
A stakeholder trust index could assess confidence through public surveys and legal practitioner feedback. A digital turnaround time index should track case duration, with comparative data published regularly. Transparency requires live-streamed hearings, online case tracking and open-access records to empower disadvantaged litigants.
The “Please Call Me” case pitting Nkosana Makate against Vodacom exemplifies this dysfunction. After 25 years and nine judgments favouring Makate, finality remains elusive. Justices have debated jurisdiction for eight months post-hearing — this isn't justice, but paralysis.
A modernised court would use digital tools to enforce deadlines and accelerate rulings. South Africa's judiciary need not lag behind global peers.
Singapore's digital case management system reduces delays dramatically. The UK Supreme Court publishes detailed performance reports. Canada's Supreme Court enhances transparency through online platforms.
Why is South Africa’s highest court falling behind when other nations have modernised their systems?
Judicial independence shouldn't mean opacity. The DCJ must enforce strict deadlines for reserved judgments, mandate quarterly performance disclosures and integrate AI tools to assist judges.
The Constitutional Court must transform from a bottleneck to an efficient justice provider for all South Africans.
As UK’s former lord justice of appeal, Sir John Mummery, observed: “The paramount concern of the legal system is to administer justice, which must be and must be seen ... to be fair and impartial.”
Mlambo possesses the vision for reform, but vision alone won't suffice.
The time for digitisation, transparency and accountability is now. Justice delayed remains justice denied — and South Africa has waited too long.
The judiciary's core function is to resolve cases fairly, swiftly and affordably. This demands efficient, effective and equitable processes at every stage.
When Mlambo assumes office, he must remember that for justice to be done and seen to be done, these principles must be scrupulously observed.
• Lourie is founder and editor of TechFinancials
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