Chief Justice Mandisa Maya has warned that South Africa’s judiciary faces mounting strain and ongoing threats to its independence, citing rising caseloads, severe resource shortages, and delayed judgments as key challenges still unaddressed despite years of debate. Addressing the issue on 14 July 2026, Chief Justice Maya called for urgent legislative changes to fully unshackle the courts from the Department of Justice and Constitutional Development and give the judiciary authority over its own budget and administration.

Caseload Surge And Delays Undermine Public Confidence

According to a May 2026 report by Freedom Under Law, the Constitutional Court’s caseload has tripled since 2012, resulting in routine judgment delays and damaging public trust in the justice system. Chief Justice Maya issued a public apology for the court’s 530-day delay in delivering the Phala Phala judgment, which was outstanding from November 2024 to May 2026.

High Courts in Pretoria and Johannesburg are currently handling over 120,000 new cases annually with fewer than 80 judges, forcing some trial dates to be set as far ahead as 2031. This backlog, highlighted in official annual judiciary reports for 2023/2024 and 2024/2025, reflects a broader crisis in capacity.

Judicial Independence Seen As Essential Reform

President Cyril Ramaphosa pledged in February 2026 to grant the judiciary full independence, proposing legislative amendments that would transfer lower court operations and budgetary control to the Office of the Chief Justice. Chief Justice Maya announced that a draft bill to enact these plans is expected to be submitted to Cabinet by March 2027.

Speaking about the reforms, Chief Justice Maya stressed, “It is not a claim that the judiciary should operate outside the constitutional systems of checks and balances, insulated from scrutiny and a state within the state entitled to unlimited resources.” She cautioned, “The to-do list is long and requires the highest level of maturity and painstaking care to fulfill.”

Full implementation would represent a major move toward the separation of powers, a principle considered by many legal scholars and commentators as fundamental to democratic governance.

The Cabinet is anticipated to consider the draft bill in early 2027, signalling the next phase in a long-running campaign for an independent, well-resourced, and effective judiciary in South Africa.