During the 2022-2023 financial year, the Constitutional Court only finalised 263 of the 481 matters brought before it.
This means the apex court achieved only 55% of matters finalised, failing to meet the 70% target it had set out for itself.
During the previous financial year of 2021-2022, the ConCourt dealt with 554 matters and finalised 389 cases. This means the total number of cases dealt with by the highest court in the land decreased by 13%. And the total number of finalised matters decreased by 32%.
This information was revealed by outgoing Chief Justice Raymond Zondo on Friday. He was giving the presentation of the annual judiciary report for the 2022-2023 financial year. Zondo presented the annual judiciary report on judicial functions and court performance. He also delivered an address on the state of the judiciary.
The presentation took place at the Constitutional Court in Braamfontein, Johannesburg, on Friday.
Poor performance being probed
Zondo said the poor performance was being probed to establish why there was such a big drop.
“But 55% is, of course, not a failure. It is simply not as good a pass as one would have liked. And of course, a pass in the judiciary is 50% and above and not 30%,” he said.
“The public will be aware that recently the Constitutional Court took the position that in order for it to properly discharge its obligations and perform in an acceptable way, it would be necessary for an amendment to be made to the Constitution so that it is able to dispose of a number of matters without every justice having to take part in every case,” said Zondo.
He said the justices currently need to party in every case. He said the ConCourt has proposed to the cabinet that experienced lawyers be employed to make the load of judges lighter.
Final gig as Chief Justice
This was Zondo’s last occasion to present the annual judiciary report ahead of his retirement next month.
During the presentation event, Zondo was joined by Deputy Chief Justice Mandisa Maya, justices of the Constitutional Court, president of the Supreme Court of Appeal Betty Molemela, deputy president of the Supreme Court of Appeal Dumisani Zondi and respective judge presidents, among others.
Maya takes over as the new Chief Justice from September 1.
Annual target of 75% exceeded by 8%
Zondo said during the period under review, the various divisions of the High Court finalised 9,715 out of a total of 11,765 criminal matters. This represents a performance of 83%, with the annual target of 75% being exceeded by 8%.
“Compared to the previous reporting period, a marginal increase of 6% is noted in the total number of criminal matters. …This works out to 11,765 compared to the 11,098 reported during previous year. A decrease of 1% is noted in the total number [of] criminal matters finalised. This works out to 9,715 criminal matters … finalised, compared to 9,855 reported during the previous year,” said Zondo.
On Thursday, President Cyril Ramaphosa appointed Maya as Chief Justice of the Republic of South Africa with effect from September 1 2024.