The announcement on Friday that President Cyril Ramaphosa has appointed two new justices to the Constitutional Court, Nambitha Dambuza-Mayosi and Katharine Savage, is, on the surface, a cause for celebration.
For the first time in many years, the court boasts its full complement of 11 judges.
While this step is a welcome development, it comes six months after the Judicial Service Commission (JSC) submitted the names of five candidates to the president, including Dambuza-Mayosi and Savage, as required by the constitution. It is not clear why it took this long for the president to make his decision.
The nation was left in the dark as to why the final appointments took half a year to materialise. Time is not a luxury, but the very fabric of justice.
The vacuum has coincided with worrying trends in the court’s efficiency. The problems besetting the court are best seen in the mounting delays in delivering judgments.
Just last week, the court passed judgment in the matter of Systems Applications Consultants and SAP, involving the question of whether a judge should have recused himself after leaving a hearing for a short period, without first adjourning proceedings.
Of the nine judges who heard the case, three were acting judges. The case was heard on May 8 2025 and judgment was passed on March 8, nearly a year later.
Also last week, a large and vocal crowd of EFF supporters gathered outside the Constitutional Court, calling for the release of the long-awaited judgment in the Phala Phala matter. The EFF brought the case to the apex court, challenging the National Assembly’s decision in December 2022 not to hold an impeachment inquiry into allegations against Ramaphosa, after a burglary at his game farm, Phala Phala, in 2020.
A full bench offers a glimmer of hope that the apex court will return to a track of efficiency, but the JSC cannot afford to be complacent.
The case was heard in November 2024 and the judgment is still forthcoming.
In a letter to chief justice Mandisa Maya in March, EFF leader Julius Malema said the case has now become one of the most delayed judgments in the modern history of the Constitutional Court, particularly in a case dealing directly with the conduct of the head of state.
Maya, in a letter this week, promised Malema that the judgment will be released soon.
Public protests should not be the catalyst for judicial output. Justice that depends on the volume of a crowd is a system under strain.
A full bench offers a glimmer of hope that the apex court will return to a track of efficiency, but the JSC cannot afford to be complacent.
As noted by advocacy group Judges Matter, the filling of vacancies must be timeous and proactive. This is especially critical given the fixed terms of Constitutional Court judges. The constitution states a Constitutional Court judge holds office for a non-renewable term of 12 years, or until he or she attains the age of 70, whichever occurs first.
With a fresh wave of retirements expected in 2029, South Africa cannot afford another cycle of vacancies and presidential hesitation.
The appointment of two justices is a vital step towards restoring the court’s capacity. However, a full bench is only half the battle. The real test is whether the full complement can clear its backlog and restore the tradition of swift and decisive jurisprudence that South Africans expect from the highest court in the land.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.