Prior to the advent of our democracy, the Judiciary just like any other sector of our society was untransformed and dominated by White males. With this in mind the drafters of our Constitution took a deliberate decision to transform the Judiciary by including a constitutional injunction in section 174 of our Constitution which enjoined us to transform the Judiciary so as to broadly reflect the racial and gender composition of our country. The Judicial Service Commission when advising the President to appoint Judges takes into consideration the need for the Judiciary to reflect the racial and gender composition of the South African society. So is the Magistrates Commission when advising me to appoint Magistrates in the lower courts.
We have committed to the realization of racial and gender equality in the appointment processes of the Judges, Magistrates and counsels. It is for that reason that since 1994, the demographics of the Judiciary and legal practitioners in terms of race and gender have drastically changed to enhance the desired diversity, equality and equity.
a) From the report of the Judicial Service Commission, as at 30 September 2023, the demographics of the judges are as follows:
Total No of Judges: |
|||
Province |
(i) Blacks |
(ii) Women |
(iii) Judges with Disabilities |
Eastern Cape |
19 |
11 |
0 |
Free State (this includes Judges of the Supreme Court of Appeal) |
25 |
18 |
0 |
Gauteng (Includes Judges of the Constitutional Court and Labour Court) |
71 |
56 |
1 |
KwaZulu-Natal |
20 |
11 |
0 |
Limpopo |
5 |
2 |
0 |
Mpumalanga |
7 |
4 |
1 |
Northern Cape |
5 |
4 |
0 |
North West |
5 |
3 |
0 |
Western Cape |
25 |
14 |
0 |
Total |
182 |
123 |
2 |
b) The report received from the Magistrates’ Commission indicates that, as at 30 September 2023, the numeral capacity of the magistrates, is as follows:
Total No of Magistrates: 1 652 |
|||
Province |
(i) Black |
(ii) Women |
(iii) Magistrates with disabilities |
Eastern Cape |
142 |
101 |
0 |
Free State |
58 |
49 |
2 |
Gauteng |
229 |
213 |
1 |
KwaZulu- Natal |
169 |
132 |
2 |
Limpopo |
117 |
81 |
0 |
Mpumalanga |
65 |
48 |
0 |
Northern Cape |
26 |
22 |
0 |
North West |
73 |
62 |
1 |
Western Cape |
138 |
138 |
2 |
TOTAL |
1 017 |
846 |
8 |
Percentage of the total number of Magistrates= 1 652 |
61% of the total |
51% |
0,48% |
Source: Magistrates’ Commission
The required 2% target of magistrates living with disabilities has not been met yet, but I have been informed that this matter is receiving the priority attention of the Magistrates Commission.
c) The Legal Practice Council reported that, as at 30 April 2023, the numerical capacity of the counsels is as follows:
Total No of Counsels: 5 936 |
|||
Province |
(i) Black |
(ii) Women |
(iii) Counsels with disabilities |
Eastern Cape |
227 |
60 |
- |
Free State |
85 |
24 |
- |
Gauteng |
3167 |
825 |
4 |
KwaZulu- Natal |
216 |
71 |
- |
Limpopo |
342 |
81 |
4 |
Mpumalanga |
122 |
28 |
- |
Northern Cape |
98 |
22 |
- |
North West |
42 |
11 |
- |
Western Cape |
132 |
42 |
- |
TOTAL= 5 936 |
4 431 |
1 164 |
8 |
% of the total |
76,64% |
19,6% |
0,13% |
Source: Legal Practice Council
As noted from above Table, gender parity in this category has not been met yet, but there is commitment to progressively bridge the gap. Likewise, the required 2% target of counsels living with disabilities is among the concerns that are receiving priority attention. However, the overwhelming growth in Black Africans under this category is indeed commendable.
I thank you.