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Concern at ConCourt delays, ‘unreliable’ online records

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Concern at ConCourt delays, ‘unreliable’ online records

Constitutional Court of South Africa

9th November 2023

By: Sane Dhlamini
Creamer Media Senior Contributing Editor and Researcher

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Freedom Under Law (FUL) executive officer Judith February on Thursday expressed concern about reports of delayed judgments and unreliable online records at the Constitutional Court.

This follows reports by GroundUp concerning the late delivery of judgments by the Court, which February said remained an ongoing concern.

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According to the GroundUp report, of the judgments which have been reserved and subsequently handed down by the court since August 2022, 19 were delivered late in terms of the three-month period contained in the judicial norms and standards, and 10 were delivered late measured by GroundUp’s own six-month period.

The report further notes that four judgments reserved over six months ago remain outstanding.

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February added that it was troubling that the ConCourt’s website does not reflect up-to-date and accurate information about the status of cases before the court and judgments delivered.

As an example of its own accountability and open justice, she stressed that the Constitutional Court must ensure that its online records are up to date and accurate.

She pointed out that the delays in delivering timeous judgments had beset the South African judiciary at all levels.

“Whilst we acknowledge that the scale and complexity of cases before the Constitutional Court may sometimes mean judgments are unavoidably delayed, the position revealed by the GroundUp report seems to point to a systemic problem. It is important the court provides a salutary example to the rest of the judiciary by delivering judgments timeously on a consistent basis,” February said.

FUL has urged the leadership of the court “to ensure that these issues are addressed as a matter of urgency, in order to uphold legitimacy of the court, the rule of law and the judiciary itself”.

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