Justice delayed: Over 300 court judgments long overdue

DEFERRED:  South Africa’s courts grappling with growing backlog of verdicts — some lingering for more than four years, raising fresh concerns about accountability and access to justice…

By Marecia Damons

More than 300 court judgments are officially late – the highest number since GroundUp started to report on the issue when it was 87 in December 2018 and 103 in September 2019.

The latest report reflects the situation at the start of the third term – 15 August 2025 for the Constitutional Court, the Supreme Court of Appeal and the Labour Appeal Court. And the start of the third term for the High Court, Labour Courts and Land Court – 21 July.

Judgment was reserved in 1,657 matters, of which 302 matters were outstanding for more than six months, classified as late by the Office of the Chief Justice (OCJ). This is up from 279 in term 2.

The Judicial Norms and Standards actually requires that every effort be made to hand down judgment within three months and that judgments generally not be reserved without a delivery date.

According to the latest list, the Gauteng Division of the Pretoria High Court had the highest number of late judgments, with 55 outstanding for longer than six months.

This was followed by the Johannesburg Labour Court with 51 late judgments and the Durban Labour Court with 31. The North West Division in Mahikeng and the KwaZulu-Natal Division in Pietermaritzburg followed with 24 and 22 respectively.

Some courts have no late judgments. These include the Electoral Court, Labour Appeal Court, Competition Appeal Court, and the Mpumalanga Local Division in Middelburg.

The country’s apex court is not setting the best example. According to the latest list, the Constitutional Court had the highest proportion of late judgments. Thirteen of 21 matters before the court were outstanding, one of which had been outstanding for more than a year. Retired KwaZulu-Natal Judge Anton van Zyl had the longest outstanding judgment – more than four years late before a ruling was handed down in November 2025.

Acting Judge Sandile Kuboni has three late judgments. All have been outstanding since June and July 2021, making them the next longest outstanding matters.

Acting Judge MP Kumalo of the Johannesburg Labour Court had the highest number of late judgments, with 26 matters outstanding. This was followed by Judge Andrew Reddy of the North West Division in Mahikeng, with nine, and Acting Judge Mpontshana of the KwaZulu-Natal Division in Pietermaritzburg, with eight.

The OCJ’s latest report is itself late. It was only made public on 27 March 2026, almost six months after the end of the third court term (September 2025). Reports used to be published regularly at the end of each term.

The OCJ said it “endeavours to issue the Reserved Judgment Reports as soon as they are made available for publishing”. The information is “gathered manually” and undergoes “an extensive review process by the Judiciary before it may be published”.

The OCJ said the judiciary “accounts to the South African public through the Annual Judiciary Report”, released on Judiciary Day, which includes “statistics and analysis” on reserved judgments. – GroundUp

MIRROR  Briefs

MINISTER PROBED OVER DONATION

Department of Social Development (DSD) Minister Sisisi Tolashe is facing mounting scrutiny over controversial luxury vehicles received from Chinese company in a form of a donation.

The two vehicles retail for between R400,000 and R500,000 each, bringing the total value of the donation to close to R1-million.

In a February 2026 written reply to ActionSA MP Dereleen James, Tolashe stated the SUVs had been donated by Chinese officials directly to the ANC Women’s League (ANCWL) and therefore did not need to be declared in Parliament’s Register of Members’ Interests.

However, ANCWL SG Nokuthula Nqaba has indicated they have no record of the vehicles.

The contradiction has fuelled allegations that the minister may have attempted to mislead Parliament to conceal the true nature of the vehicles.

James argues that this explanation does not withstand scrutiny.

“If such a donation had indeed been made to the ANC, it would have been declared to Independent Electoral Commission (IEC) in line with political funding regulations,” James said. “The fact that no such declaration exists raises serious concerns about the accuracy of the minister’s response.” –  Lehlohonolo Lehana.

CELEBRITIES’ R14M CONTRACTS NULLIFIED

A controversial Covid-19 PPE contract linked to the daughter of African National Congress (ANC) first deputy secretary Nomvula Mokonyane has been set aside.

 Judge David Makhoba ruled that two contracts awarded to their company, Tark Group Pty Ltd, by the Mpumalanga Department of Health were unlawful, constitutionally invalid, and void from the outset.

The contracts were awarded to Katleho Mokonyane and her business partner, Bonelela Mgudlwa. The latter is radio personality Anele Mdoda’s husband. They celebrated their wedding in 2025.

The tribunal found that procurement processes were bypassed and that the company failed to meet key compliance requirements.

 The Special Investigating Unit (SIU) revealed that the department paid over R14.3 million for medical jumpsuits and surgical masks, despite the supplier lacking proper accreditation at the time and failing to disclose potential conflicts of interest.

“The contracts, valued at R1,080,000.00 for 60,000 surgical masks and R13,297,500.00 for 150,000 protective medical jumpsuits, were declared constitutionally invalid, unlawful, and void, “said Special Investigating Unit (SIU) spokesperson Selby Makgotho.

The SIU, which brought the case, said its probe uncovered systemic failures in how the contracts were awarded during the Covid-19 pandemic.

“The SIU investigations revealed that Tark Group (Pty) Ltd benefited unlawfully from contracts worth over R14-million,” Makgotho said. – Lehlohonolo Lehana.

RESERVOIR TO BOOST JHB WATER SUPPLY

Gauteng Premier Panyaza Lesufi says the construction of a new ground reservoir and tower in Brixton has been successfully concluded, making a tangible difference in strengthening water provision across Johannesburg.

Johannesburg has faced several water challenges due to several factors including ageing infrastructure, increasing supply demand and maintenance backlogs.

“The construction…has been successfully concluded, alongside the completion of an emergency boosting pumping station. These projects are already making a tangible difference in strengthening water provision across Johannesburg’s suburbs.

“While occasional shortages and maintenance backlogs persist, these interventions have brought significant stabilisation across our province. These interventions align and support progress toward long-term resilience as we prepare for the Lesotho Highlands Water Project Phase 2,” Lesufi said.

He added that the provincial government was going further to secure water supply.

“This is only the beginning. As the Gauteng Provincial Government, we are resolute in our mission to secure reliable, sustainable, and equitable water supply for all our residents.

“We will continue to invest in modern infrastructure, expand capacity, and work tirelessly to ensure that every household, every business, and every community has access to the water they need. Water is life, and we are committed to protecting this lifeline for generations to come,” the Premier said. – SAnews

SARS GETS NEW COMMISSIONER

President Cyril Ramaphosa has appointed Dr Johnstone Ngobani Makhubu as Commissioner of the South African Revenue Service (SARS) for a period of five years with effect from  May 1, 2026.

Makhubu, who has held the position of Deputy Commissioner: Taxpayer Engagement and Operations since 2023, succeeds Commissioner Edward Kieswetter whose two-year contract ends on 30 April 2026.

Ramaphosa made the appointment in terms of section 6 of the South African Revenue Service Act of 1997, following a unanimous recommendation by a selection panel convened by the Minister of Finance, Enoch Godongwana.

“The incoming commissioner is a seasoned public and private sector executive with more than 17 years of senior leadership experience spanning tax administration, commercial, finance and operations management,” the President said.

He has worked in complex, regulated and large-scale organisations across multiple industries, including fast-moving consumer goods (FMCG), mining, power generation and public revenue services. Makhubu has also worked on formulating the SARS strategic direction since 2020 and has actively implemented the Vision 2024 strategy alongside outgoing Kieswetter.

The implementation of Vision 2024 achieved revenue collections with a compounded annual growth rate of 7.6% while voluntary compliance increased by 3.4 percentage points. – Lehlohonolo Lehana.

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