The Magistrate's Commission will over a three week period - starting on May 5 - hear a host of applications for positions to fill vacancies across the country's lower courts
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IN A justice system already stretched to breaking point, the appointment of magistrates is not a side issue - it is central to ensuring access to justice in South Africa, says Judges Matter.
The research and advocacy project dedicated to enhancing transparency and accountability within South Africa’s judiciary was commenting as the Magistrate’s Commission will interview more than 290 candidates from May 5 for posts at these courts across the country in a bid to address the workload of magistrates in the lower courts.
The Magistrates Commission has published a shortlist of the candidates, which Judges Matter said is a critical development.
“With only around 2000 magistrates currently serving more than 60 million people, these appointments will shape the delivery of justice for millions of South Africans - particularly the most vulnerable.”
Judges Matter believes that magistrates are the judiciary’s front line. They are the ones South Africans encounter when reporting gender-based violence, when family disputes end up in court, when bail is granted or denied, and when criminal matters are heard.
“They are the faces of justice in suburbs, towns and cities, from Mthatha to Mitchells Plain. The sheer scale of the current vacancies tells its own story.”
Applicants were invited to fill posts across the country - from Butterworth to Bloemfontein, from Durban to Ga-Rankuwa. This new cohort will fill some of the most critical judicial roles in the country, but only if the right appointments are made, Judges Matter pointed out.
The shortlist includes candidates from across the profession, which include senior magistrates, heads of office, experienced prosecutors and legal practitioners.
The public has until tomorrow to comment on the candidates' nominations.
Judges Matter said that transparent, merit-based appointments to the bench are essential to maintaining the integrity of the judiciary.
It explained that the Constitution mandates that judicial officers must reflect South Africa’s diversity, and must be appropriately qualified and experienced. The shortlisting process, while substantial, must still be scrutinised. The public has both the right and the duty to speak up if concerns arise about a candidate’s suitability, temperament, or track record.
“We need more magistrates. We need better-supported magistrates. And we need the appointment process to be taken seriously by the public, not just the legal elite. These are not technocratic decisions - they affect how quickly a survivor of violence gets a protection order, how long someone waits in remand, and whether a child’s maintenance is enforced,” Judges Matter said.
It noted that South Africa’s judicial system is under pressure.
"The appointment of hundreds of magistrates may be one of the most important institutional interventions of the year. Let’s treat it that way," it urged.
On the hearings earlier this month by the Judicial Service Commission (JSC) to fill the overburdened labour court, Judges Matter said that the one successful labour court candidate, Tapiwa Gandidze, will no doubt be an asset.
“But one appointment does not go far enough. With only 13 labour court judges serving the entire country, workers and employers alike face frustrating delays.”
It added that backlogs in that court are growing, undermining access to justice in an area of law that affects livelihoods and the national economy.
“The JSC being unable to fill those positions is of grave concern,” it said.
It was also pointed out that the country only has 250 judges in all the higher courts across the country to serve the entire population.
Cape Times