SA Advances Plan for a Unified, Independent Judiciary as New Reports Released

Chief Justice Maya’s stewardship has been widely acknowledged for introducing a more transparent and data-driven approach to reporting on judicial operations.

The Department of Justice and Constitutional Development (DJCOD) has formally welcomed the publication of the 2023/2024 and 2024/2025 Annual Judiciary Reports, released on Tuesday by Chief Justice Mandisa Maya. The reports provide a comprehensive overview of the state of the courts, the performance of judicial institutions, and the ongoing structural reforms intended to strengthen South Africa’s justice system.

A Strengthened Dialogue Between Executive and Judiciary

According to the DJCOD, these annual reports will serve as a valuable foundation for the continued engagement between the Executive and the Judiciary—a relationship that has seen renewed focus in recent months. The department noted that the insights captured in the reports will support efforts to enhance access to justice, promote accountability, deepen constitutionalism, and further secure the institutional independence of the courts.

Chief Justice Maya’s stewardship has been widely acknowledged for introducing a more transparent and data-driven approach to reporting on judicial operations. By providing detailed performance indicators, backlogs, transformation strategies, and administrative developments, the reports are expected to inform coordinated interventions across government.

High-Level Engagement to Entrench Judicial Independence

Earlier this year, President Cyril Ramaphosa, accompanied by members of the National Executive, hosted a historic high-level engagement with Chief Justice Maya and the Heads of Court. The meeting marked the formal start of a process to entrench the independence of the Judiciary, in line with constitutional principles and long-standing calls from legal experts.

This engagement reaffirmed government’s recognition that judicial independence is essential not only for the functioning of the courts, but also for broader democratic stability, economic confidence, and societal trust.

Toward a Single, Fully Independent Judiciary

A notable focus of the reform process is the proposed model for a single judiciary, which would consolidate the administration of all courts under one unified, judiciary-led structure. Currently, while the Office of the Chief Justice (OCJ) administers the Superior Courts, the Lower Courts operate under the Department of Justice.

The planned model will introduce key forms of structural independence, including:

• Financial independence: Ensuring that the judiciary has control over its budget, allocation of resources, and expenditure.

• Operational independence: Granting the judiciary full authority over administrative functions, staffing, and governance.

• Institutional realignment: Transferring the administration of Lower Courts—including the Magistrates Commission—to the OCJ.

This shift is widely regarded as a major step toward giving effect to Section 165 of the Constitution, which requires that courts be independent, impartial, and free from interference.

Government Reaffirms Commitment to Judicial Reforms

In its statement, the DJCOD reiterated its commitment to collaborate closely with Chief Justice Maya and judicial leadership to drive these reforms to completion. The department emphasized that the transition toward a judiciary-led court administration model has been a long-term objective and is now gaining momentum under the current reform agenda.

“The Ministry reaffirms Government’s commitment to work with the Judiciary, led by the Chief Justice, to establish a single judiciary and a judiciary-led court administration model,” the DJCOD said. It also expressed appreciation for the Chief Justice’s recognition of the department’s efforts and contributions toward advancing these national objectives.

A Turning Point for South Africa’s Justice System

The release of the two annual reports, combined with the renewed partnership between the Executive and the Judiciary, signal a potential turning point for the South African justice system. As the country works to improve public trust, reduce case backlogs, and modernize court operations, the move toward a unified and independent judiciary may shape the constitutional landscape for decades to come.