Media Statements

Court vacancies: DA Shadow Minister gets it wrong

22 October 2019

The Department of Justice and Constitutional Development has noted claims by the Democratic Alliance’s Shadow Minister of Justice, Adv Glynis Breytenbach MP, blaming the the department for “1000 empty posts” in the court system.

However, Adv Breytenbach has rather conveniently, left out a significant part of the bigger picture.  

She mentions vacancies in judicial posts – in other words, for judges and magistrates – in her calculations.  Of the total number of vacancies mentioned, nearly half (462) pertain to judicial officers.

But what Adv Breytenbach fails to mention is that these posts are not “empty” or “unfilled”, as they all have acting magistrates or judges in them. The acting positions allow for our courts to function. Courts are therefore able to sit as normal and thus service delivery is not affected.

Furthermore, there is a difference between filling administrative posts (court personnel) and filling judicial posts. Adv Breytenbach also knows very well that the Department of Justice and Constitutional Development is not responsible for the filling of magistrates and judges’ positions. In the case of magistrates, the Department is dependent on the Magistrates’ Commission, which has to follow certain prescribed recruitment procedures which take time. In the case of judges, appointments are made by the Judicial Services Commission, as a matter of fact, the JSC has filled numerous vacancies in its recent sitting.

Finally, Adv Breytenbach indicates that she will write to the Parliamentary Portfolio Committee on Justice and Correctional Services for the Department to appear before it and address the “blockage” in the filling of vacancies.  This is ironic since the Minister, Deputy Minister and senior management of the Department appeared before the Portfolio Committee as recent as last week and issues related to the filling of vacancies as well as backlogs in courts were discussed in detail.

Issued by the Department of Justice and Constitutional Development

Enquiries:
Chrispin Phiri
Spokesperson for the Ministry of Justice and Correctional Services
Cell: 081 781 2261
Mediaenquiries@justice.gov.za