South Africa: Constitutional Court - Where Are the Judgments?

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South Africa: Constitutional Court - Where Are the Judgments?
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The Court has not delivered a single judgment this year

We are now into the second quarter of 2024, and the Constitutional Court has yet to hand down any judgments.

For court watchers, this seeming paralysis in activity is as baffling as it is worrying. Concerns over the Court's efficiencyhas shown that between 2010 and 2021, the time the court took to hand down judgment effectively doubled. This trend tracked a parallel rise in the number of applications made to the court over that period.that the courts case load is placing its systems under strain. And, to his credit, Chief Justice Raymond Zondo has openlythe problem.

Reasons for the dismissal were set out in a short paragraph. Even more, there was a dissent - possibly a first for an order issued in chambers. The order recorded thatwas of the view that"because of the very important fundamental rights implicated in this case", the matter should have been enrolled, heard and adjudicated.

Structural changes are needed, both to ensure the efficient administration of justice, and to uphold the court's role as a forum for reason. These twin goals should not be viewed as trade-offs; they are complementary. Together they can enhance the legitimacy of the court and deepen the quality of our democracy.

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