Chief Justice Raymond Zondo has dismissed assertions that the country’s judiciary is captured and not consistent in its judgments.
Zondo was delivering opening remarks at the 2023 Judges Conference held in Sun City, near Rustenburg.
“We have already been accused of being captured, but it’s an accusation that we reject with the contempt it deserves.
Because for four years I called for everybody who had evidence that the judiciary was captured, and nobody came with any evidence, up to now nobody has come with any evidence.
The accusation is made by those who wish to ensure that the judiciary of South Africa is not trusted by the public,” said Zondo.
He said those who made the allegations, want the judiciary to be looked at with suspicion, to suit their purposes.
Zondo explained that the independence of the judiciary is protected by the constitution, which ensures judicial accountability.
He highlighted that these have also been strengthened by the establishment of institutions such as the Office of the Chief Justice, South African Judicial Education Institute, and Judicial Conduct Committee among others.
The Chief Justice also lamented the poor condition under which the lower judiciary operates, adding that they are worse than those of judges.
“In the lower courts, judicial officers must park in the streets, and when they go in the afternoon, they find the witness or accused parking behind them.
In some of the court’s judicial officers when they come out of court, they’re forced to go through the public to get to their offices,” highlighted Zondo.
He said some of the challenges faced by the lower division courts include lack of courtrooms, old, dilapidated buildings, load shedding and case backlogs.
Zondo advocated for the personal independence of judges, urging them to act without fear, favour, or prejudice.
He cited the sentencing of former President Jacob Zuma by the Constitutional Court, as the judiciary’s greatest test and a sign of its independence.
The Chief Justice said he’s grateful about the diversity reflected in the judiciary, gender representation, however acknowledged that more must be done.
“Great progress has been achieved in building a judiciary that broadly reflects the people of this country, both in terms of race and gender.
We might not have reached our goal, but there’s no doubt that a lot of progress has been made,” explained Zondo.
He expressed concern about the government’s slow progress by making the judiciary independent.
He said institutional independence will help the judiciary address some of the challenges themselves like budget, infrastructure, courts administration and future court models.
The Judges’ Conference is attended by Judges from across the country and by representatives of Magistrates. which is focused on fostering the independence of the judiciary and improving court processes.
