IN QUOTES | 'The ConCourt needs more judges': Chief justice Mogoeng Mogoeng

Chief justice Mogoeng Mogoeng presented the 2018/19 judiciary annual report on Thursday.

He spoke about the digitalisation of SA courts and lack of staff and resources, among other things.

Here are six key quotes from his address:

Addressing court delays

“We have established the national efficiency enhancement committee and the provincial efficiency enhancement committee that brings us together as key role players in the broader justice system to deal with issues that cause delay, that are not exclusively under the control of the judiciary.” 

I turned down R600m

“As one of the major issues and developments to be effected in the way we do things is to modernise courts, and that, of course, depends on funding. I was offered R600m so that we can modernise, but I know that person, that institution, so I rejected it with the necessary contempt, because that is how capture happens.”

SA courts are unfairly criticised

“Based on what we have seen in the US and China, funding has been a major frustration, but judge president [Dunstan] Mlambo will tell you good progress has been made. We tend to be compared to jurisdictions that have been organised well over 100 years, and I think unfairly and selectively so as well. If you compare us to any of these jurisdictions in any respect, in our 25 years of existence, many of them still have a bit to learn from us.”

Counselling for judicial officers 

“The stress on judicial officers, which is a result of some of the traumatising cases, like rape, murder and difficult divorce matters that we have to handle, and attacks of all kinds by aggrieved litigants, requires the introduction of a judicial wellness or stress-management programme. It can't be left to an individual judicial officer to fend for herself or himself.”

Appeals are no measure of performance

“We can't use the appeals to measure the performance of judges. People say, to get a sense of whether the judges are doing well, you have to track how many of his or her judgments have been appealed. I don't think it helps. People appeal either because they have resources or they don't, and others because are justifiably led to believe that they have a strong case.”

ConCourt is short-staffed 

“Some of us have been wondering whether the time has not come to increase the number of judges of the Constitutional Court. Some people say no, it will never be the same, it will lose something. [What if we] merge the ConCourt with the Supreme Court of Appeal. After all, the judges of these two courts earn the same salary. Whatever it may be, something radical or fundamental needs to be done to inject functionality.”