Minister's failure to fill vacancies in magistracy prejudices speedy justice
There are currently 209 judicial officer vacancies in South Africa's courts, according to a reply to a DA parliamentary question.
Whilst some of them are relatively recent, approximately 35% have been vacant for over a year, with some being vacant for as long as 6 years.
Vacancies are as follows:
|
Year of vacancy |
Magistrate Vacancies |
Judge Vacancies |
|
2007 |
5 |
|
|
2008 |
7 |
|
|
2009 |
9 |
|
|
2010 |
5 |
1 |
|
2011 |
5 |
4 |
|
2012 |
38 |
|
|
2013 |
111 |
20 |
|
2014 |
2 |
|
|
"Not readily available" |
|
2 |
|
Total |
182 |
27 |
The 34 positions that Justice Minister Jeff Radebe has simply failed to fill are of the greatest concern. This amounts to almost 20% of the vacancies in the magistrates courts. The reasons given are that "no suitable person could be identified" and in other cases it is simply stated "not filled by Minister".
The implications are that Minister Radebe has received recommendations from the Magistrates Commission but has failed to accept them. He needs to explain why.
I shall pose a follow-up question as to what he regards as "not suitable", and in the cases where he did receive recommendations from the Magistrates Commission, why he refused to accept them.
The magistrates courts are critical in the delivery of justice at grassroots level. I trust that the Minister has excellent reasons for failing to fill 34 positions, some vacant since 2007.
This obviously contributes to the lengthy delays in finalising cases, therefore denying people their rights to speedy justice.
It is essential that all positions are filled as speedily as possible to ensure an efficient and effective justice system.
Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, October 24 2013
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