Weekly SA Mirror

‘EFFORTS MUST BE MADE TO SAFEGUARD THE LEGITIMACY OF JUDICIARY’

FREEDOMS: No country can afford to isolate itself when it comes to administration of justice, Mlambo…

By WSAM Reporter

The legitimacy of the judiciary and its ability to safeguard freedoms would collapse if the courts’ independence is compromised because in every country, people relied on the courts for fairness and certainty, according to Deputy Chief Justice, Dunston Mlambo.

Delivering the keynote address at the J20 Summit of Constitutional and Supreme Courts, at the Sandton Convention Centre in Johannesburg, Mlambo  also remarked about the adoption of Artificial Intelligence (A1) which he said proved very beneficial in other African States including Kenya. He warned however, that the South African judiciary was not going to blindly adopt A1 as this would give an impression that it was deciding people’s cases.

The A1, Mlambo added, would help judges from a research point of view and relieve them from menial tasks. 

The J20 gathering brought together judicial leaders from G20 countries as well as regional bodies across Africa. It was part of South Africa’s build-up to the G20 Leaders’ Summit in November this year.

The gathering must be seen as more than an academic exchange but as a platform to strengthen the role of courts in protecting citizens.

Mlambo added : “This J20 Summit provides a sacred space for dialogue, a forge where we can temper the steel of our legal frameworks in the fire of shared experience.

It is our sincerest hope that the discussions held within these halls will be rigorous, that the partnership forged will be enduring, and that the outcomes will leave a lasting legacy, not just in law reports, but in the lives of the people we are all sworn to serve.”

The J20 Summit was one of several engagements South Africa was hosting this year in preparation for the G20 Leaders’ Summit in November. Judicial leaders were expected to use their two days of deliberations to examine pressing issues such as artificial intelligence, digital access to justice, corruption, and cross-border cooperation.

“In every country, people rely on the courts for fairness and certainty.

If independence is compromised, so too is the protection of their rights. If we lag in innovation or fail to cooperate, their access to timely justice suffers,” Mlambo said.

Another speaker, Chief Justice Mandisa Maya, said courts should not only focus on independence but also on forging links that allowed for knowledge-sharing across jurisdictions.

“No country can isolate itself when it comes to the administration of justice. We are bound together by the same challenges — climate change, migration, cybercrime, inequality. The J20 is a space to share lessons and build solidarity so that no citizen, regardless of where they are born, is left behind in accessing justice.”

Mlambo urged judges present to draw on the African philosophy of Ubuntu in confronting global challenges. In pursuit of justice under the law, the ancient wisdom of our continent taught us the philosophy of Ubuntu.

“The challenges we face, from ensuring equal access to justice, to navigating the digital frontier, to upholding the dignity of every individual, are not confined by borders. They are human challenges, and they demand collective wisdom driven solutions.”

Mlambo said the summit must ensure Africa was not relegated to the margins of global jurisprudence.

“The voice of the global south is not a whisper from the periphery, but an essential resonant chord in the symphony of global jurisprudence. Africa is not a subject of history, it is a dynamic architect of its future, rich with innovation, wisdom, and a relentless spirit of progress.”

Maya said courts should not only focus on independence but also on forging links that allowed for knowledge-sharing across jurisdiction.

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