3 days ago
Judges Matter praises Dunstan Mlambo's appointment as deputy chief justice, highlighting judicial independence
Judge President Dunstan Mlambo's appointment as the country's next deputy chief justice is welcomed.
Image: File
Online judicial watchdog group Judges Matter welcomed the appointment of Judge President Dunstan Mlambo as deputy chief justice, which kicked in this week.
Having served as a judge for 28 years (since 1997), including serving more than 15 years in judicial leadership as judge president, he comes into the role with a wealth of experience in the judiciary, particularly at the strategic leadership level, Judges Matter said.
'We hope that Mlambo will be able to leverage this experience to assist Chief Justice Mandisa Maya in leading the judiciary through a groundbreaking transition that will lead to more institutional independence for the judiciary.'
President Cyril Ramaphosa announced in June the government's intention to affirm the judiciary's independence through the executive relinquishing control over the operations of the judiciary, including budgeting, staffing, and other resources.
The president said: 'The judiciary will have the money, and they will be in control, just as Parliament is in control of its own budget. They will be able to embark on infrastructure projects, administrative capability training, and all this without having to always go and ask for permission from the Minister of Justice.'
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Judges Matter noted that delivering the departmental budget vote in Parliament last month, Minister of Justice Mamoloko Kubayi announced that in the 2025/26 financial year, the ministry will implement the proposed institutional model for a fully fledged independent judiciary.
She remarked that in terms of the proposed model, the chief justice will become the executive authority of the Office of the Chief Justice, while the secretary general will be the accounting authority of the judiciary.
The minister said the OCJ will be re-established outside of the public service and be capacitated to appoint its staff in line with its prescripts, human resource framework tailored to judicial operations and principles of independence.
Judges Matter remarked that the upshot of these announcements means that the weight of responsibility on both Chief Justice Maya and, now, Deputy Chief Mlambo has increased enormously.
'They now have to do the work necessary to establish the judiciary as a fully-fledged arm of the state. They will have to set up the necessary governance systems to ensure that the judiciary delivers justice efficiently and effectively,' it said.
Judges Matter added that the latest reserved judgment report shows that justice still moves too slowly in our courts. Over 1,200 judgments have been outstanding for six months or more.
'Research published by our colleagues Nurina Ally and Leo Boonzaier at the University of Cape Town shows that the Constitutional Court's efficiency is also a problem. These are the challenges Mlambo will also need to address.'
The transparency project referred to Judge Mlambo's interview for DCJ, where he lamented the 'toxic attacks' by powerful people against the judiciary, which also threaten the rule of law.
'As someone who has personally faced and repelled such attacks during his tenure as Judge President of the North Gauteng High Court, we hope that Mlambo will draw on this experience to insulate the judiciary against such attacks and maintain public trust in the judiciary,' Judges Matter said.
