Chief Justice Mandisa Maya has urged judiciaries around the globe to “step forward and affirm the enduring power of the law” in an ever increasingly challenging environment.
The Chief Justice was addressing the J20 Summit of Constitutional and Supreme Court leaders in Johannesburg.
The summit is held under the engagements of the Group of 20 (G20), which South Africa is chairing.
“This summit is for us more than a mere diplomatic courtesy. It is a historical convergence,
a deliberate and necessary assembly of the judicial guardians of the free world at a time when the pillars of democracy and human dignity are under unprecedented strain and the very foundations of justice are being tested and reshaped by global change.“In the grand tapestry of human progress, there are moments that demand not just reflection, but resolution; moments that call upon the stewards of justice to step forward and affirm the enduring power of the law in an imperilled world. This is one of those moments,” Maya said.
She described the judiciary as the “sentinel of society”, where the powerful are held liable and the voiceless are heard.
“The Judiciary [is]… the neutral ground upon which the powerful are held to account and the vulnerable find their voice. We are the custodians of the social contract, entrusted with the sacred duty to interpret not only the letter of the law but also its spirit - the timeless pursuit of fairness, equity, and truth.
“And on our watch, the instruments of justice upon which humanity relies to maintain social order and prosperity of her nations are most ruthlessly tested by a new and alien class of challenges, challenges that are amorphous, borderless, and are evolving at a pace that often outstrips the deliberate cadence of the law.
“It is now not so unusual for our courtrooms to adjudicate cases that involve interests straddling continents. Our court rolls abound with disputes born in the digital realm and difficult social dysfunction and our precedents must wrestle realities which those who came before us could never have imagined,” she said.
Judicial independence
Maya told the summit, which was attended by heads of judiciary from all over the world, that South Africa’s judiciary is in the process of becoming fully independent.
She described this independence as of “utmost importance for the courts to effectively play their crucial role and conserve an impartial judicial process”.
“[Currently] the Executive still maintains control over the budget and financial management of the Judiciary, which is the heart of the power and ability to meaningfully run anything at all.
“The Judiciary has limited control over key components of court administration, such as the establishment of magistrates’ courts, the appointment of magistrates and support staff, security and Information Technology with many of our court buildings, especially the magistrates’ courts that serve as courts of first contact, in poor condition due to years of underfunding and neglect.
“These systemic challenges adversely affect the lives of the communities we serve and ultimately impede the delivery of justice,” she said.
The Chief Justice reflected on a meeting held with President Cyril Ramaphosa and the national executive to discuss reforms which are expected to pave way for full independence.
“That meeting highlighted the importance of cooperation among the branches of government, whilst maintaining a delicate balance and ensuring that they do not overstep the relevant boundaries and encroach into each other’s terrain and proved that it is possible under the principle of separation of powers for the arms of the State to support one another, as they must, to uphold the Constitution.
“It gives me great delight to announce that the South African Judiciary is finally on the path to full institutional independence, and that the technical teams of the Executive and the Judiciary are working feverishly to bring this constitutional imperative to reality,” Maya said. – SAnews.gov.za
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