Deputy Minister John Jeffery: Office of the Chief Justice 2022/23 Budget Vote

• Published date: 17 May 2022
• Publication title: South African Official News

Honourable Chairperson,

Minister Ronald Lamola,

Deputy Minister Phatekile Holomisa,

Ministers and Deputy Ministers,

Honourable Members,

Members of the Judiciary,

Officials of the Office of the Chief Justice,

The Office of the Chief Justice was established in 2010 as a new government department separate from the Department of Justice and Constitutional Development to, amongst others, support the Chief Justice in executing their administrative and judicial powers and duties as Head of the Judiciary.

It supports the Judicial Services Commission and the South African Judicial Education Institute in the execution of their mandates and administers the Judges' Remuneration and Conditions of Employment Act.

The OCJ is responsible for running the Superior Courts - the High Courts, the Supreme Court of Appeal and the Constitutional Court as well as specialized courts such as the Labour Courts and the Competition Appeal Court.

The establishment of the OCJ was the first step in ensuring greater independence to the judiciary.

In today's debate I will be speaking about the Magistrates because, although the Magistrates Courts are still administered by the Department of Justice and Constitutional Development, Magistrates are part of the judiciary.

Section 165(6) of the Constitution, read with section 8 of the Superior Courts Act, provides that the Chief Justice is responsible for the establishment and monitoring of norms and standards for the exercise of judicial functions of all courts and thus enjoins the Chief Justice to issue protocols or directions to all judicial officers - i.e. both judges and magistrates.

The co-ordination of judicial functions of Magistrates Courts falling within the jurisdiction of the Division of the High Court is the responsibility of the Judge President of that Division.

Many of you may recall that, in the past, Magistrates were public servants, appointed from within the Department of Justice and thus part and parcel of the public service.

Today our magistracy is independent - for example a Magistrate cannot be suspended or fired by the Minister of Justice. This process now involves an investigation and a hearing by the Magistrates Commission as well as the concurrence of Parliament.

The new Magistrates Bill and the new Lower Courts Bill have been long outstanding but, we are pleased that the introduction of these Bills is expected to take place this year.

The purpose of the Magistrates Bill is to provide for the establishment, constitution, objects and functions of the Magistrates Commission and will regulate the...