Hundreds of judgments are still late

Some 233 judgments have been outstanding for six months or more. Photo: Brian Turner via Flickr (CC BY 2.0)

Some 233 judgments have been outstanding for at least six months at the start of the fourth term in 2024. This is a slight increase from 223 in the previous term.

The latest Reserved Judgment Report for the Chief Justice for either 7 October or 1 November 2024, depending on the court, says 1,723 judgments were reserved as of these dates.

The Office of the Chief Justice (OCJ) used to provide an update on reserved judgments three to four times a year. But since mid-2023, the judiciary has not consistently published up-to-date reports. No reserved judgment reports for 2025 have been published.

The Judicial Norms and Standards state that judgments, in both civil and criminal matters, should generally not be reserved without a fixed date for handing down. Every effort must be made to deliver judgments no later than three months after the final hearing, unless there are exceptional circumstances. GroundUp uses a more lenient six-month benchmark for considering a judgment “late.” In recent years, the OCJ has also adopted this six-month benchmark

According to the latest list, the Pretoria High Court had the highest number of late judgments at the start of the 2024 fourth term with 55 cases outstanding for over six months, an increase from the previous term’s 40 late judgments. The Johannesburg Labour Court and the Mahikeng High Court followed with 32 and 29 late judgments, respectively. These three courts also had the highest number of late judgments in the previous term.

The apex court failed to set a good example. The Constitutional Court had eight judgments still pending beyond the six-month benchmark.

Judge Nomsa Khumalo of the Pretoria High Court had 16 judgments outstanding for over six months. Judge Khumalo previously had the highest number of late judgments.

Acting Judge Okgabile Yvonne Dibetso-Bodibe of the Mahikeng High Court and Judge Cecile Williams of the High Court in Kimberley followed with nine late judgments each.

Some courts, such as the Polokwane and Middelburg high courts, the Land Court, Competition Appeal Court and Electoral Court, reported no late judgments during this period.

The system of reporting reserved judgments is honour-based. Judges are expected to report when they reserve a ruling.

The OCJ has acknowledged the ongoing issues with delayed judgments and said it remains committed to resolving the backlog. The implementation of the Court Online system is one of its strategies.

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